Recent Development
An amendment has been made to the Minimum Attorneyship Fee
Tariff ("Tariff") and with this
amendment, a new approach similar to the moral damages claims has
been adopted for material damages claims.
This amendment provides that if a material damages claim is
partially dismissed, then the counsel for the defendant's
attorney fees as per the Tariff will not exceed the counsel for the
plaintiff's attorney fees. In addition, the amendment provides
that if a material damages claim is entirely dismissed, then the
attorney fee will not be proportional, but fixed.
What's New?
As per Article 13 of the Tariff, in case of partial dismissal of
the material damages claim, the counsel for the defendant's
proportional attorney fee will not exceed the amount ruled for the
plaintiff's counsel. For instance, TRY 70,000 is dismissed and
TRY 30,000 is accepted in a material damages claim wherein TRY
100,000 is requested in total. In that case, before the
