How to Retain a Lawyer in Brazil

The Relevant Court or Authority

Brazil’s judicial structure includes state and federal courts and the constitutionally defined specialised branches, together with the superior courts. Article 92 of the Constituição da República Federativa do Brasil de 1988 identifies that structure. The presence of federal, state or municipal rules in a matter does not mean that the judiciary is divided into an equivalent three-level system of federal, state and municipal courts.

Nor is there a universal route under which every case starts in the same first-instance forum and then passes through two levels of review. The Constitution assigns original and appellate competences, including those of the Supremo Tribunal Federal and the Superior Tribunal de Justiça in Articles 102 and 105. The STF’s constitutional function should not be confused with an unrestricted opportunity to reconsider every dispute.

The proposed instruction should therefore identify the available route, the responsible court or other authority and any existing proceeding. A negotiation, an administrative application, a civil action and an appeal require different work and may involve different counsel. Nationality alone does not answer where a matter belongs or which professional qualification is required.

Electronic Procedure and Remote Participation

Electronic proceedings have a statutory basis that predates the COVID-19 pandemic: Lei nº 11.419/2006 regulates electronic procedural acts, signatures and filing. The later experience of remote work does not justify a general conclusion that proceedings have permanently become faster or that representation will necessarily cost less. The relevant questions concern the court’s actual system, the acts required and the arrangements available in the case.

Article 236, § 3, of the Código de Processo Civil permits procedural acts through videoconferencing or another real-time audiovisual resource. That permission does not establish that every hearing will be remote or that the client can dispense with personal participation whenever it is required. Ask how the particular act will be conducted, who must attend and what identification or technical arrangements are necessary.

Civil, criminal, labour, tax and corporate matters can involve distinct procedural knowledge. Identify the relevant field and any narrower question—such as a family dispute, contractual claim or transaction—before asking counsel to assume responsibility. The size of the national profession or the number of law schools does not establish a practitioner’s suitability for that task.

Verify the individual’s OAB details through the official registration framework and identify who will actually undertake the work. Lei nº 8.906/1994, Articles 3 and 8, distinguishes registration and its requirements from merely holding a legal qualification. The selection process is addressed separately in Brazilian Legal Services: How to Locate the Right Lawyer.

For a matter spanning countries, record which lawyer is responsible for Brazilian law and which adviser will address the foreign questions. An authorisation as a consultant in foreign law under OAB Provimento nº 91/2000 is restricted and does not permit Brazilian-law consultancy or judicial representation. The organisation of those different professional roles is considered in Lawyers in Brazil – Dr. Mauricio Ejchel.

Referrals, professional associations and directories can identify possible counsel. They should lead to verification of identity, relevant experience and the ability to accept the assignment, including any conflict of interests. Articles 19–21 of the OAB Código de Ética e Disciplina address conflicting interests and the protection of former-client information.

Commercial starting points include Best Lawyers, HG.org, The Legal 500, Latin Lawyer and Chambers. Compare what each source actually establishes before relying on a listing. None of these links establishes that the author holds a ranking, appears in a current edition or is recommended for the proposed case.

Diplomatic resources may also be relevant to a foreign client’s search. The FCDO professional-services guidance provides access to its lawyer finder, with an express limitation that the listings are not recommendations. The United States Embassy attorney-information address should be checked against current consular guidance. Professional registration remains a separate enquiry through the Cadastro Nacional dos Advogados and, where necessary, the relevant OAB section.

Before the initial meeting, agree whether it is chargeable and what it includes. An exploratory conversation, detailed document analysis and a written opinion are different services. Do not assume that an initial appointment is free or that booking it commits the lawyer to take protective action or accept the subsequent proceedings.

Prepare a concise chronology, identify the parties and supply existing instruments, notices and decisions relevant to the question. Draw attention to a deadline when making contact. The discussion should distinguish a provisional assessment from a conclusion that can be reached only after reviewing further material.

Article 9 of the Código de Ética e Disciplina requires the lawyer to explain the risks of the proposed claim and the consequences of the proceedings. At the end of the consultation, establish the next agreed step: further analysis, a proposal for representation, an alternative course or a decision that the matter will not be accepted. A pending proposal should not be treated as confirmation that counsel is monitoring deadlines.

Object, Scope and Responsibility

The agreement should identify the client and the service provider, the matter and the work accepted. Where a company or another representative gives instructions, clarify whose interests are represented and who is authorised to make decisions. A payer’s involvement should not leave the identity of the client or access to confidential information undefined.

Describe the stages covered: an opinion, negotiations, an application, first-instance proceedings, an appeal or enforcement. State how a separate proceeding, foreign counsel or an additional specialist will be addressed if later required. This is a definition of the instruction, not an assumption that every engagement must include all those stages.

Article 48 of the Código de Ética e Disciplina recommends a written services agreement and requires clarity concerning its object, remuneration, payment terms and the extent of the work, including the treatment of a negotiated resolution. It imposes no special contractual form for that purpose. Article 5, § 4, of Lei nº 8.906/1994 also recognises that legal consultancy and advice may be given without a mandate or a formal fee contract; the benefit of a written record is to make the agreed arrangement ascertainable.

Fees, Disbursements and Financial Information

Read the charging provision together with the scope. For a fixed fee, identify the work and events to which the amount relates. For time-based work, clarify how time and charges will be recorded. A result-related arrangement requires a defined basis and compliance with the professional rules; it should not be assumed to follow the contingency model used in another country.

The fee provisions in Articles 48–51 of the Código de Ética e Disciplina address expenses, moderation, the applicable minimum section fee table and quota litis arrangements. Under Article 50, the relevant contractual fees combined with honorários de sucumbência may not exceed the economic advantage obtained by the client in the terms of that rule. This does not supply a standard percentage or a universal charging method.

Identify court charges, translation, expert assistance and other expenditure separately from counsel’s remuneration. Article 48, § 3, addresses the allocation of auxiliary services and costs, including the documentary basis for reimbursing advances. The agreement should make clear what has been included, what requires a separate payment and how expenditure will be reported.

Contracted fees and judicially awarded fees are separate categories under Articles 22 and 23 of Lei nº 8.906/1994. In civil litigation, Article 85 of the Código de Processo Civil also addresses fees payable to the successful party’s lawyer. Discuss relevant exposure to the opposing side and the treatment of any award; a payment to the client’s own lawyer does not by itself resolve either question.

The Power of Attorney Is a Distinct Instrument

A procuração authorises representation; it does not, merely by existing, describe every service counsel has accepted or the fee for it. In civil proceedings, Articles 103–105 of the Código de Processo Civil govern representation and the mandate. Article 105 permits a general litigation power in a public or private instrument signed by the party, while reserving specified acts to an express clause.

Those special acts include accepting service, confessing, acknowledging the claim, settling, withdrawing, renouncing the substantive right in dispute, receiving funds, giving discharge, entering an arbitration submission agreement (compromisso) and signing a declaration of financial insufficiency. The intended authority should be examined act by act. Granting the necessary power and agreeing when instructions must be obtained are connected questions, but a private instruction should not be assumed to neutralise the external legal effects of an authority granted.

Article 105 also specifies identification of the lawyer, OAB number and full address, together with the professional entity’s details where applicable. Lei nº 8.906/1994, Article 15, § 3, provides for individual grants to the lawyers and identification of their professional entity. A power addressed only to a commercial name should not be assumed to satisfy the relevant requirements.

Where signature occurs abroad, establish the form and authentication or translation requirements applicable to that instrument and its intended use before execution. Article 105, § 1, allows a digitally signed power in accordance with the law; it does not validate every electronic signing method or eliminate other applicable formalities. The instructions must fit the actual document and receiving authority.

Urgent Acts and the Limits of an Assumed Mandate

Civil procedure recognises limited circumstances in which a lawyer may act without first producing the mandate, including urgency or avoidance of specified losses of rights. Article 104 requires subsequent presentation within the statutory framework and provides consequences if the act is not ratified. That exception is not a substitute for confirming acceptance of the work and arranging the necessary authority in time.

Documents and Communication

Agree on the contact responsible for the matter, the channel for important instructions and the way documents and developments will be supplied. Distinguish acknowledgment of a message from legal advice and a proposed next step from an act already performed. These arrangements should reflect the instruction and availability agreed with the professional, without assuming an unproved response-time policy.

Provide complete records, including material that may undermine the preferred position, and retain the originals where appropriate. Identify what was supplied, its source and any missing pages or attachments. Counsel’s assessment may change when the evidence changes; a coherent documentary record makes the reason for that change easier to evaluate.

For civil proceedings, Article 192 of the Código de Processo Civil requires Portuguese and regulates the accompanying version of a foreign-language document. A translation prepared for discussion with the client is not automatically the version required for filing. Clarify which documents require official treatment and who will arrange it.

Professional confidentiality is governed by Articles 35–38 of the Código de Ética e Disciplina. In a matter involving relatives, a corporate group or several advisers, determine who is entitled to receive information and give instructions. Coordination should not become indiscriminate circulation of confidential records.

Discuss the basis for consequential decisions, including a settlement, appeal or change in direction. Article 11 preserves the lawyer’s professional judgment and requires explanation of the strategy. An effective working relationship allows informed instructions and candid advice, including advice the client may not initially wish to hear.

Changing Counsel or Bringing the Instruction to an End

If representation must change, address the existing mandate, the new appointment and procedural continuity. Articles 111 and 112 of the Código de Processo Civil govern revocation and withdrawal, including the lawyer’s communication and continued representation for the statutory period where necessary to avoid prejudice. The specific circumstances matter; simply ceasing contact does not regularise representation.

Article 26 of the Código de Ética e Disciplina also distinguishes substabelecimento with and without reservation of powers, requiring the client’s prior unequivocal knowledge for a transfer without reservation. A proposed change of the person conducting the case should therefore be explained in terms of responsibility and authority, rather than left as an unexplained change of contact.

At completion or discontinuance, Article 12 requires return of property, funds and documents still held and a detailed accounting, subject to its express treatment of fees for services already performed. Revocation of the mandate does not by itself erase accrued fee obligations; Article 17 addresses the professional’s entitlement in that situation. Establish what has been concluded, what remains pending and which financial items require reconciliation.

The useful end point is a documented professional arrangement capable of guiding actual work: an accepted assignment, intelligible financial terms, appropriate authority and a reliable exchange of information. Further enquiries concerning the proposed instruction can be addressed to Dr. Mauricio Ejchel through the institutional contact arrangements already established with the client.