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Author Topic: MINIMUM ATTORNEYSHIP FEE TARIFF  (Read 5482 times)

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MINIMUM ATTORNEYSHIP FEE TARIFF
« on: April 17, 2007, 01:52:24 PM »
MINIMUM ATTORNEYSHIP FEE TARIFF (*)

GENERAL PROVISIONS

Purpose and scope
Article 1 – The provisions in the Attorneyship Law and this Tariff will be applicable to the circumstances where no written agreement over a fee has been concluded between the attorney and the client or the attorneyship fee is to be imposed on the opposite party by law in the rendering of all legal services. Attorneyship fee may not be fixed at rates lower than prescribed in this Tariff.
The provisions in PART FOUR of this Tariff will be applied in determining the fees to be paid to arbitration boards to be appointed in accordance with Article 167 of the Attorneyship Law.

Services covered by the attorneyship fee
Article 2 – The attorneyship fee mentioned in this Tariff is in exchange for services rendered in connection with lawsuits, cases, and actions until the procurement of a final ruling. The petition prepared and other actions accomplished in connection with lawsuits and cases overseen by the attorney will not require a separate fee. Attorneyship fee may not be adjudged in the case of the admission or rejection of the requests for clarification of judgement, either.
However, enforcement proceedings; the trials upon appeal of lawsuits in the Court of Cassation, the Council of State, the Military Court of Cassation, and the Court of Audits, and the trials upon exception of lawsuits in the regional administrative tribunals will require a separate fee.

The party to pay the attorneyship fee, upper and lower limits of the attorneyship fee, and the attorneyship fee to be paid by defendants in the event of nonsuit for common or different grounds
Article 3 – The attorneyship fee due to the attorney, to be imposed on the opposite party by the judicial authority, may not be less than, or more than three times the amount indicated in the appended Tariff.  The fee will be fixed by taking into consideration the energy and efforts spent by the attorney, the importance and nature of the work, and the duration of the suit.
In the event of the dismissal of action in suits filed against jointly and severally liable defendants, a single attorneyship fee will be adjudged in favor of the attorney of the defendants whose grounds for nonsuit are common, and a separate attorney fee adjudged for each ground for nonsuit in favor of the attorney of the defendants whose grounds for nonsuit are different.

Representation by more than one attorney
Article 4 – Not more than a single attorneyship fee may be imposed on the opposite party in the event of the same legal service being rendered by more than one attorney.

Wholeness of the attorneyship fee
Article 5 – An attorney who agrees to render services for a lawsuit or an enforcement proceeding will be entitled to the whole attorneyship fee fixed in accordance with thisTariff regardless of the stage at which the services commenced.

Fee to be paid in the event of abatement of action, renunciation, acceptance, and settlement outside court
Article 6 – One half of the fees fixed as per the Tariff will be adjudged in the event that the dispute is resolved before the implementation of an interlocutory judgement as to the gathering of evidence for such reasons as abatement of action, renunciation, acceptance, and settlement outside court; and the full amount of the fees if the dispute is resolved after such implementation.

Fee to be paid in the event of nonsuit due to incompetence ratione materiae, incompetence ratione loci, failure to fulfill the prerequisites for admissibility of the suit, or the incorrect specification of the adverse party; the transfer of the suit, and its being considered as not filed
Article 7 – One half of the fees fixed as per the Tariff will be adjudged in the event that a decision is made to dismiss the declaration of suit due to nonjurisdiction, to transfer the suit, or to consider the suit as not filed, before the implementation of an interlocutory judgement as to the gathering of evidence; and the full amount of the fees if the decision is made after such implementation.
However, the attorneyship fee to be adjudged may not exceed the amounts indicated in PART TWO, SECTION TWO of this Tariff depending on the court where the suit was being tried.
In the event of nonsuit due to failure to fulfill the statutory prerequisites for admissibility of the suit and the incorrect specification of the adverse party, the attorneyship fee indicated in PART THREE of this Tariff will be adjudged, not to exceed the amounts indicated in PART TWO, SECTION TWO depending on the court where the suit was being tried.
No attorneyship fee may be adjudged in the event of the statutory transfer of jurisdiction, and the issuance of a decision of incompetence rationae materiae or rationae loci due to the establishment of new courts.

Fee to be paid for cross-action, and joinder and splitting of causes of action
Article 8 – A separate fee will be adjudged for each suit in the event of a counter-claim being brought against a suit pending in court, another cause of action being consolidated with the latter, or causes of action being divided.

Fee to be paid for suits for alimony, rent assessment, and eviction
Article 9 – The attorney fee will be adjudged as the entire amount to be calculated in accordance with PART THREE of this Tariff on the basis of the annual amount of rent for eviction suits, the annual differential amount of rent adjudged for rent assessment suits, and the annual amount of alimony adjudged for alimony suits. The fee thus adjudged may not be less than the fee indicated in PART TWO, SECTION TWO depending on the court where the suit was being tried.
No attorney fee will be adjudged on the basis of the rejected portion of the alimony claimed in alimony suits.

Fee to be paid for suits for moral damages
Article 10 – The attorneyship fee for suits for moral damages will be determined in accordance with PART THREE of this Tariff on the basis of the adjudged amount.
In the event of partial dismissal of action, the fee to be adjudged in favor of the attorney of the adverse party in accordance with PART THREE of this Tariff may not be greater than the fee determined in favor of the attorney of the plaintiff.
In the event of total dismissal of action, the attorneyship fee will be adjudged in accordance with PART TWO, SECTION TWO of the Tariff.

Fee to be paid in enforcement and bankruptcy directorates and enforcement courts
Article 11 – The attorneyship fee for legal services rendered in enforcement and bankruptcy directorates is in compensation for all the actions rendered until the conclusion of the proceedings. If the issue is money or measurable in monetary terms, the attorneyship fee may not be less than one half the amount indicated for proceedings in enforcement offices in PART TWO, SECTION TWO of the Tariff.
The procurement of a certificate of insolvency will be considered as one of the actions terminating proceedings.
An additional attorneyship fee will be adjudged in accordance with this Tariff if a trial is held in enforcement courts. However, such fee will be in compensation for legal services rendered in suits and cases indicated against serial numbers two and three in PART TWO, SECTION TWO of the Tariff; and the attorneyship fee to be adjudged in accordance with PART THREE of the Tariff may not be greater than the amounts indicated against these serial numbers.
The fees in PART TWO, SECTION TWO of the Tariff will be adjudged for enforcement proceedings pertaining to alimony and eviction; and the fees in PART THREE for actions of replevin filed with enforcement courts.
Three fourths of the fee adjudged in accordance with the Tariff will be paid if the debtor clears his/her debt within the objection period.

Fees according to PART THREE of the Tariff
Article 12 – <Revised as per Official Gazette issue 24979 dated 30 December 2002> If the issue for which the legal services indicated in PART TWO, SECTION TWO of the Tariff are rendered is money or measurable in monetary terms, the attorneyship fee will be determined in accordance with PART THREE of the Tariff. The provisions in the second paragraph of Article 7, the last sentence in the first paragraph of Article 9, and the last paragraph of Article 10 being reserved, the fee thus adjudged may not be less than one half the amount determined in accordance with PART TWO, SECTION TWO of the Tariff.

Fee to be paid for criminal suits
Article 13 – In the event of a judgement of acquittal in personal lawsuits (Code of Criminal Procedure, Article 344) attorneyship fee will be adjudged in favor of the attorney of the accused in accordance with PART TWO, SECTION TWO of the Tariff.
In the event that a criminal sentence has been given and a personal claim has been admitted in part upon a personal lawsuit or third party intervention in a public prosecution, the attorneyship fee to be adjudged in favor of the attorney of the accused on the basis of the rejected amount will be determined in accordance with PART THREE of the Tariff.
In suits where only a fine has been adjudged in accordance with special laws, by-laws, and decree-laws including criminal provisions, the attorneyship fee to be determined in accordance with the Tariff may not be in excess of the amount of fine adjudged.
Attorneyship fee in accordance with PART THREE of the Tariff will be adjudged in claims made to high criminal courts for damages in accordance with the Law on the Payment of Damages to Persons Arrested or Detained Illegally.
However, the fee thus adjudged may not be less than the amount indicated against serial number ten in PART TWO, SECTION TWO of the Tariff.
The provision in Article 11 will be applied in the determination of the attorneyship fee for the claim for moral damages by a personal litigant or a third party.
The provisions regarding the fixed fees indicated in PART TWO, SECTION TWO of the Tariff for courts of peace, courts of first instance, and high criminal courts will be applied in juvenile courts depending on the nature of the offense.

Fee to be paid for conducting court action in the Court of Cassation, High Court of Military Administration, regional administrative tribunals, administrative tribunals, and tax courts
Article 14 –For court action of first instance or with hearings as a result of appeals in the Court of Cassation, in the general assemblies of administrative and taxation chambers and in the chambers of lawsuits of the Council of State], in regional administrative, general administrative, and taxation courts, one half of the fee indicated in the Tariff will be adjudged in the event the dispute ceases to exist due to renunciation or acceptance or the suit is decided to be dismissed for the same reasons before the expiration of the response periods and the full amount of the fee otherwise.
However, the fee adjudged in accordance with the above paragraph may not be less than the amount indicated in PART TWO, SECTION TWO of the Tariff with the exception of the dismissal of action.
No attorneyship fee will be adjudged if the petition to file suit is decided to be forwarded to a competent authority or rejected.
The provisions in the above paragraphs will also be applied to court action conducted in the High Court of Military Administration.

Fee to be paid for the preparation of a memorandum of conciliation
Article 15 – One half of the fee indicated in the relevant PARTs of this Tariff will be applied for the preparation of a memorandum of conciliation as per Article 35/A of the Attorneyship Law in courts having jurisdiction in respect of the subject matter.

Fee to be paid for arbitration
Article 16 – The provisions in this Tariff will be applied in all manner of legal services rendered before an arbitrator.

Fee to be paid for execution of action
Article 17 – For the purposes of this Tariff, “execution of action” refers to the actions and formalities which the person concerned or a representative is legally obligated to accomplish in order to render actions and formalities which have no bearing upon the exercise of judicial power.
The fee indicated for execution of action in the Tariff is in compensation for all legal services rendered until the completion of a particular action even if that action involves numerous formalities conducted by one or more public agency, organization, or entity.

Fee to be paid for actions executed by attorneys without a law degree.
Article 18 – This Tariff will also be applied to actions executed by attorneys without a law degree.

Fee to be paid for services not indicated in the Tariff
Article 19 – The fee to be paid for legal services not indicated in the Tariff will be determined by analogy to similar services indicated in the Tariff by taking into consideration the nature of the services rendered.

Tariff to be applied
Article 20 –  The tariff in effect on the date the legal services have been completed or a judgement rendered at the conclusion of a suit will be taken as the basis in the adjudgement of the attorneyship fee.

Value added tax
Article 21 – Value added tax will be added to the fees indicated in this Tariff in accordance with the provisions of Law number 3065.

Entry into effect
Article 22 – This Tariff will enter into effect on the date of its publication to be applicable as of 4 December 2002.
 
ATTORNEYSHIP FEE TARIFF

PART ONE

SECTION ONE

Fee to be paid for legal services other than lawsuits and legal actions

1   Verbal consultation in office (up to one hour)Each subsequent hour   TL   60,000,000.-TL   30,000,000.-
2   Verbal consultation where invited (up to one hour)Each subsequent hour   TL 125,000,000.-TL   60,000,000.-
3   Consultation in writing   TL 100,000,000.-
4   Writing all kinds of petitions, notices, warnings, protests   TL   60,000,000.-
5   Preparation of contracts and similar documentsa) Rental contracts and similar documentsb) By-laws, regulations, testamentary contracts, wills, foundation charters, and similar documentsc) Basic contracts of companies, contracts related to commercial affairs such as the transfer and merging of companies   TL 100,000,000.-TL 400,000,000.-TL 400,000,000.-




SECTION TWO

Fee to be paid for legal services rendered for execution of actions

1   Documenting a situation, collecting money at the stage of payment, obtaining a facsimile of a document, etc.   TL      80,000,000.-
2   Services rendered in connection with the commencement, determination, registration, transfer, modification, termination, or protection, etc. of a right   TL    150,000,000.-
3   Certification of the basic contracts of commercial legal entities, procurement and transfer of licenses and concessions in their field of operation, naturalization into Turkish citizenship, etc.   TL    750,000,000.-
4   Services rendered at tax conciliation commissions   TL    300,000,000.-
5   Services rendered in international tribunalsa) Without trialb) With trialc) If the issue is money, the fee will be determined in accordance with PART THREE of the Tariff   TL 1,250,000,000.-TL 2,500,000,000.-
 
SECTION THREE

Fee to be paid to attorneys who must be retained on contract in accordance with Article 35 of the Attorneyship Law

1   Building cooperatives   TL 200,000,000.-
2   Joint stock companies(The fee indicated is for consultancy only and does not cover lawsuits and execution of action.)   TL 300,000,000.-



SECTION FOUR

Monthly attorneyship fee to be paid by public agencies and organizations, private persons, and legal entities to their attorneys under contract(The fee indicated is for consultancy only and does not cover lawsuits and execution of action.)   TL 330,000,000.-
 


PART TWO

SECTION ONE

Fee to be paid for legal services rendered in places of jurisdiction and enforcement and bankruptcy offices where the fee is fixed by tariff although the issue is money or is measurable in monetary terms

1   Precautionary attachment, precautionary judgement, determination of evidence, stay of execution, designation of a place for payment or delivery not related to a suit pending in courta) Without trialb) With trialHowever, the attorneyship fee will be adjudged in accordance with PART THREE for precautionary attachments and judgements up to TL 600,000,000.- without trial and up to TL 800,000,000.- with trial.   TL 60,000,000.-TL 80,000,000.-
2   Services rendered at property sale offices for partition of property   TL 100,000,000.-
3   Suits of partition and division of proceeds    TL 230,000,000.-
4   Lawsuits and actions in tax courtsa) Without trialb) With trialHowever, the attorneyship fee will be adjudged in accordance with PART THREE when the amount of tax at issue is up to TL 1,500,000,000.- for suits without trial and up to TL 2,000,000,000.- for suits with trial.   TL 150,000,000.-TL 200,000,000.-
SECTION TWO

1   Actions executed at enforcement offices   TL      60,000,000.-
2   Actions executed at enforcement courts   TL      75,000,000.-
3   Lawsuit and trial actions at enforcement courts   TL    100,000,000.-
4   Criminal actions at enforcement courts   TL      60,000,000.-
5   Actions executed at the preliminary stage   TL    100,000,000.-
6   Lawsuits conducted in courts of peace   TL    100,000,000.-
7   Lawsuits conducted in courts of first instance   TL    200,000,000.-
8   Lawsuits conducted in consumer courts (However, the attorneyship fee will be adjudged in accordance with PART THREE of this Tariff if the amount in controversy is in excess of TL 750,000,000.-)   TL      75,000,000.-
9   Lawsuits conducted in courts of literary and industrial property(However, the attorneyship fee will be adjudged in accordance with PART THREE of this Tariff if the amount in controversy measurable in monetary terms is in excess of TL 8,500,000,000.-)   TL    650,000,000.-
10   Lawsuits conducted in high criminal courts and state security courts.   TL    550,000,000.-
11   Lawsuits conducted in military courts    TL    275,000,000.-
12   Lawsuits conducted in administrative tribunals and tax courtsa) Without trialb) With trial    TL    150,000,000.-TL    230,000,000.-
13   Lawsuits of first instance in the Court of Cassation   TL    520,000,000.-
14   Lawsuits of first instance in the Council of State and the High Court of Military Administrationa) Without trialb) With trial   TL    200,000,000.-TL    520,000,000.-
15   Lawsuits that result from appeals in the Court of Cassation, the Council of State, the Military Court of Cassation, and the Court of Audits   TL    275,000,000.-
16   Lawsuits in the Court of Jurisdictional Disputes   TL    275,000,000.-
17   Görülen dava ve işler in the Constitutional Courta) Lawsuits in the capacity of High Tribunal b) Other lawsuits and actions   TL 1,000,000,000.-TL    500,000,000.-
 
PART THREE

Fee to be paid for legal services rendered in places of jurisdiction and enforcement and bankruptcy offices where the issue is money or is measurable in monetary terms

1   Up to TL 3,000,000,000.-   10%
2   For the next TL 4,000,000,000.-   8%
3   For the next TL 18,000,000,000.-   6%
4   For the next TL 75,000,000,000.-   4%
5   For the next TL 200,000,000,000.-   2%
6   For the next TL 700,000,000,000.-   1%
7   In excess of TL 1,000,000,000,000   0.1%





PART FOUR

Fee to be paid to arbitration board to be appointed in accordance with Article 167 of the Attorneyship Law

All lawsuits and actions conducted by the arbitration board   TL 150,000,000.-


(*)  The present Regulations prepared by the Union of Bar Associations of Turkey and published in the Official Gazette issue 24950 dated 28 November 2002 have entered into effect as of 4 December 2002. The wording of the Tariff has been revised to reflect the amendment published in the Official Gazette issue 24979 dated 30 December 2002.
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