Lawyer–Client Agreement in Turkey: Understanding Your Rights, Fees, and Legal Protection

At Tenha Law Firm, we believe every successful case begins with clarity and trust. Whether you are an investor, an expatriate, or a business owner seeking legal help in Turkey, one of the first steps in your journey is signing a lawyer–client agreement.

This article explains what such an agreement means, the lawyer’s obligations under Turkish law, how legal fees are determined, and what protections you enjoy as a client.

1. Legal Basis of the Lawyer–Client Agreement

In Turkey, the lawyer–client relationship is governed by the Attorneyship Law No. 1136, which defines a lawyer as an independent professional assisting in the realization of justice.
The lawyer–client agreement (known in Turkish as avukatlık sözleşmesi) is a bilateral contract where:

• The lawyer undertakes to provide legal assistance, advice, or representation, and
• The client undertakes to pay an agreed fee.

While rooted in the general provisions of the Turkish Code of Obligations, it has a sui generis nature — meaning it is unique and subject to special professional rules rather than general service-contract principles.

Essential Elements of the Agreement

Every lawyer–client contract should clearly state:

• Parties’ identities (name, address, tax ID, contact)
• Scope of legal services (e.g., litigation, investment, immigration)
• Fee structure (fixed, hourly, retainer, or success fee)
• Duration and termination conditions
• Lawyer’s authority and representation powers
• Confidentiality and data protection clauses

Although a lawyer–client agreement can be verbal, the written form is highly recommended — and, in many situations, required by the Turkish Bar Association for transparency and proof.

3. Duties and Responsibilities of the Lawyer

Turkish lawyers are bound by strict statutory and ethical obligations that go far beyond ordinary service contracts.

a) Duty of Diligence and Professional Care

A lawyer must act with the same care expected of a prudent attorney, keeping deadlines, preparing documents accurately, and representing the client’s interests effectively.
Failing to act diligently may result in disciplinary action and liability for damages.

b) Duty of Loyalty and Independence

A lawyer must avoid any conflict of interest. Representation is refused if the lawyer has previously acted for the opposing party or has a personal interest in the matter.

This independence ensures clients receive impartial and unbiased advice.

c) Duty of Confidentiality

Under Article 36 of the Attorneyship Law, all information learned during representation is strictly confidential — even after the case ends. This protection covers verbal statements, documents, and communications.

d) Duty of Information and Transparency

Clients have a right to be informed about the progress of their case, possible risks, and the estimated fees. At Tenha Law Firm, transparency is built into every step of our process.

e) Duty to Avoid Abuse of Rights

Lawyers cannot file baseless lawsuits or use procedural tools solely to delay or harass the opposing party. Ethical conduct is enforced by the Bar.

4. Understanding the Fee Structure in Turkey

Legal fees are regulated by both freedom of contract and mandatory minimums set annually by the Union of Turkish Bar Associations (UTBA).
The fee system in Turkey typically includes:

a) Fixed Fee (Makbuz ücret)

A pre-agreed amount for a specific service, e.g., drafting a contract or filing a lawsuit.

b) Hourly Fee

Common for corporate and foreign clients, billed based on time spent on the matter.

c) Retainer (Abonelik veya danışmanlık sözleşmesi)

A periodic fee (usually monthly or annual) covering ongoing consultancy and priority service access.
Ideal for companies with regular legal needs.

d) Success Fee (Sonuç ücreti)

An additional payment linked to a favorable outcome (e.g., winning a case or recovering a debt).
Under Article 164 of the Attorneyship Law, this cannot exceed 25% of the litigated amount.

e) Combination Model

Often, lawyers combine a modest fixed fee with a contingent success fee, especially in commercial litigation or debt recovery cases.

Important Note:
Lawyers in Turkey cannot legally work on a “pure contingency” basis without any retainer. A base fee must always be agreed and invoiced.

5. Termination and Liability

Either party may terminate the agreement at any time, but the consequences depend on timing and motives.

• By the Client: You may withdraw your mandate for any reason, but the lawyer is entitled to fees for work already performed and expenses incurred.
• By the Lawyer: Termination is only allowed with “just cause,” such as loss of trust or unpaid fees.
• Liability: If a lawyer fails to act diligently or misses critical deadlines, the client can seek compensation for losses.

All lawyers must carry professional liability insurance, adding an extra layer of client protection.

6. Importance of Written Contracts
While many relationships begin informally, the written form is crucial to prevent disputes about:

• The scope of representation,
• The agreed fee, and
• The extent of lawyer’s authority.

Written agreements are especially recommended for foreign clients engaging Turkish lawyers for real estate, investment, or citizenship matters.
At Tenha Law Firm, every client receives a clear, bilingual agreement summarizing fees, services, and rights.

7. How Tenha Law Firm Protects Your Interests

• Transparent Fees: All fees are explained in advance and confirmed in writing.
• Data Confidentiality: Client information is securely stored and never disclosed without consent.
• Dedicated Communication: Direct contact with your lawyer through secure channels.
• Professional Ethics: Full compliance with Bar rules and Attorneyship Law standards.
• Global Experience: Our team advises foreign investors and expatriates on Turkish law in English, Arabic, and French.

8. Key Takeaways

• The lawyer–client agreement is a binding contract that protects both parties.
• Fees must be agreed clearly and comply with Bar minimum tariffs.
• Lawyers owe duties of care, loyalty, confidentiality, and transparency.
• Written agreements and clear communication build trust and accountability.
• Choose an experienced law firm that values ethical practice and clarity.

9. FAQ

10. Conclusion & Contact

A lawyer–client agreement is the foundation of a trust-based professional relationship. It defines rights, duties, and fees — ensuring clarity for both sides.
At Tenha Law Firm, we believe in transparency, ethical practice, and client protection. Our team offers bilingual contracts and tailored legal solutions for individuals and businesses worldwide.

👉 Contact our team today via our contact page to discuss your legal needs confidentially.