📩 21/09/2023 12:26
The notification of the Presidency of the Union of Turkish Bar Associations regarding the "Minimum Wage Tariff for Lawyers" was published in the Official Gazette.
According to the notification published in the Official Gazette; The fee to be paid by public institutions and organizations, private and legal entities to their contracted lawyers has been determined as at least 15 thousand 800 TL. Case fees will be between 8 thousand TL and 67 thousand 700 TL. The fee for verbal consultation for lawyers in the office is 1 thousand 2 TL for the first hour, 300 TL for each subsequent hour, and the fee for oral consultation for up to 1 hour at the place of call is 300 thousand 1 TL.
According to the notification in question, a fee of 19 thousand liras will be paid to lawyers for the preparation of similar documents such as lease agreements, statutes, regulations, inheritance agreements and wills.
AN AVERAGE 90 PERCENT INCREASE HAS BEEN ACHIEVED IN THE TARIFF
On the other hand, in the statement made by the Union of Turkish Bar Associations on the subject, it was stated that the 2023-2024 Union of Turkish Bar Associations Lawyer Minimum Wage Tariff has entered into force and it was noted that an average of 90 percent increase in the tariff was achieved.
The statement includes the following information:
In the 2023-2024 Lawyer Minimum Wage Tariff of the Union of Turkish Bar Associations, which came into force after being published in the Official Gazette, an average increase of 90,40 percent was made, taking into account the financial table formed after the publication of the previous Tariff regarding fixed fees.
The distinction between the lawyer with a special power of attorney and the lawyer appointed within the scope of the CMK in terms of fees awarded as a result of the trial has been eliminated.
By agreement reached as a result of negotiations with the Ministry of Justice; The distinction between the lawyer with a special power of attorney acting as the defendant's defense attorney in the same case and the lawyer serving as the compulsory defense attorney has been abolished; It has also been ensured that the opposing attorney fees deserved by two colleagues who put in the same effort and overtime are equal.
With the regulation made, the rule in Article 14 of the Tariff, "Fixed attorney's fee is awarded against the Treasury for the benefit of the defendant who is acquitted and represented by an attorney or defense attorney", is also 'applied by deducting the fee received from the Treasury' for the prosecution if the defendant has a defense attorney appointed in accordance with the Criminal Code. opportunity has been introduced.
With the amendment made to the same article, a regulation has been added stating that if a decision is made to convict or postpone the announcement of the verdict after participating in a public lawsuit, the attorney's fee to be charged to the defendant in favor of the participant who has an attorney will be judged by offsetting, even if the attorney is a lawyer who undertakes compulsory duties in accordance with the CMK.
This regulation; It has also been an important achievement in terms of citizens' access to justice and the effective use of their rights to defense.
SIGNIFICANT INCREASE IN STEP AMOUNTS IN RELATIVE TARIFF
In the Third Part of the Tariff, which regulates relative wages, the amounts have been increased at various rates, including 100 percent in the first two digits. Thus, a significant increase was achieved in the items in the first four steps, which constitute the majority of the lawsuits filed.
Provisions introduced into the tariff to ensure uniformity in practice and compliance with the law
This issue was emphasized by adding the provision "Attorney fees cannot be determined under the attorney's minimum fee tariff" to the article titled "Purpose and scope" of the Tariff, and Article 164 of the Lawyers' Law was included in the tariff.
In order to ensure uniformity in practice, the provision titled "Works covered by the attorney's fee" has been added to the Tariff's article titled "In judicial decisions rendered after the decision to overturn or annul the appeal or appeal application, for whatever reason, the Tariff in force on the date of the decision is taken as basis."
The article of the Tariff titled "Fee for rejection of the case due to lack of jurisdiction, lack of authority, absence of prerequisites for the case or hostility, transfer of the case and deeming it not filed" has been brought into compliance with the provision of Article 6100 of the Code of Civil Procedure No. 331.