How to Evaluate a Lawyer's English Fluency in Brazil

The Short Answer

“Legal-grade bilingual means understanding how concepts translate between systems, not just between languages. A good bilingual lawyer explains Brazilian legal ideas in terms that make sense to English speakers.” — Zachariah Zagol, OAB/SP 351.356

The #1 complaint from foreigners hiring lawyers in Brazil is English fluency that doesn’t match the sales pitch. To properly evaluate: request a written memo in English on a legal topic, conduct at least one video call (not just email), ask them to explain a Brazilian legal concept without preparation, check if their published content reads as native English or machine translation, and inquire about their experience drafting English-language documents. Conversational English and legal-grade English are two entirely different things.

Why This Is the #1 Complaint

I hear it constantly in expat communities, and I understand why. Here’s the typical pattern:

1. You find a law firm that says “we speak English” on their website
2. The initial consultation goes well — the senior partner speaks good English
3. You sign the contract
4. Your day-to-day contact turns out to be a junior associate whose English is… functional
5. Important legal concepts get lost in translation
6. Documents arrive in awkward English that you have to decipher
7. You spend as much time clarifying communications as you do on the actual legal matter

The frustration is real. And it’s expensive — miscommunication in legal matters doesn’t just waste time, it can lead to wrong filings, missed deadlines, and decisions based on misunderstood advice.

“I’ve seen cases where a single mistranslated clause in a contract cost more than the entire legal engagement. Language quality isn’t a soft skill in cross-border law — it’s risk management.” — Zachariah Zagol, OAB/SP 351.356

As someone who became fluent in Portuguese the hard way — years of immersion, legal study in Portuguese, and countless embarrassing mistakes — I understand exactly what “legal-grade bilingual” requires. The OAB Code of Ethics requires lawyers to communicate clearly with clients, and for international clients that standard extends to English proficiency. It’s not just vocabulary. It’s understanding how legal concepts translate between systems, how to explain Brazilian peculiarities in terms that make sense to an English speaker, and how to draft documents that work in both languages.

The Fluency Spectrum

Not all “English” is created equal. Here’s a framework:

Level 1: Basic Communication

Can handle greetings, simple emails, and basic questions. Relies on Google Translate for anything complex. This is fine for a restaurant — not for your lawyer.

Level 2: Conversational

Can hold a meeting in English, explain concepts with some searching for words, and write comprehensible emails. Struggles with nuance, idioms, and complex legal reasoning in English. Many Brazilian lawyers fall here and genuinely believe they’re fluent.

Level 3: Professional

Can communicate effectively in business English, draft clear emails and reports, and explain legal concepts accurately. May occasionally miss subtle nuances or cultural references. Adequate for many legal matters.

Level 4: Legal-Grade Fluent

Can draft English-language legal documents (contracts, memos, opinions), explain complex Brazilian legal concepts in terms that make sense to English speakers, translate legal nuance between systems, and communicate at the same level as a native English-speaking lawyer. This is what you need for complex matters.

Level 5: Native/Near-Native Bilingual

Thinks in both languages. Can switch between legal systems conceptually, not just linguistically. Understands cultural context on both sides. This is rare and extremely valuable for cross-border matters.

What you need depends on your matter. A straightforward visa application might be fine at Level 3. Cross-border corporate structuring or international family law requires Level 4-5.

How to Test: 5 Evaluation Methods

Method 1: The Unprepared Explanation

During your consultation, ask the lawyer to explain a Brazilian legal concept you’ve heard about but don’t fully understand. For example:

• “Can you explain how the cartorio system works?”
• “What’s the difference between usucapiao and adverse possession?”
• “How does the CLT affect my business?”

A fluent lawyer will explain clearly and naturally, using analogies to concepts you’d understand. A less fluent lawyer will struggle, use excessive jargon, or give a textbook answer that doesn’t actually help.

What to listen for: Clarity, not perfection. Even highly fluent speakers occasionally search for a word. The question is whether they can convey the concept accurately and in a way that makes sense to you.

Method 2: The Written Sample

Request a short written document in English. This could be:

• A summary email of your consultation discussion
• A brief memo on the legal options for your situation
• A sample engagement letter or proposal

What to look for:

• Natural sentence structure (not translated Portuguese syntax)
• Correct legal terminology in English
• Clear organization and logical flow
• Absence of obvious translation artifacts (“make the registration” instead of “file the registration”)
• Consistent tone and voice

Red flags in writing:

• Every sentence starts the same way
• Legal terms are used in Portuguese with English explanations in parentheses (this suggests the lawyer thinks in Portuguese and translates)
• The quality is dramatically different from their verbal communication (might indicate someone else wrote it)
• Generic, template-like language that doesn’t address your specific situation

Method 3: Video Call Assessment

Insist on at least one video call before signing — not just email or phone. Video reveals:

• Real-time language processing (no time to use translation tools)
• Ability to understand your accent and speaking style
• Non-verbal cues about comprehension (confusion, hesitation)
• Whether they can think and respond in English without long pauses for mental translation

Pro tip: Bring up something unexpected in the call. Prepared topics are easier. How they handle a question they didn’t anticipate tells you about their actual fluency level.

Method 4: Content Review

Check their English-language published content:

• Website: Does the English version read naturally, or does it sound like translated Portuguese? Common giveaways: awkward article usage (“the Brazil” instead of “Brazil”), Portuguese syntax patterns, inconsistent quality between pages.
• Blog posts: Are they substantive and well-written, or thin and generic?
• LinkedIn: Do they post in English? What’s the quality?
• Legal publications: Have they published anything in English in legal journals, magazines, or respected platforms?

Important caveat: Some lawyers hire excellent copywriters for their websites but can’t produce the same quality themselves. Use published content as one data point, not the only one.

Method 5: Reference Check

Ask for references from English-speaking clients — specifically, clients from the US, UK, Australia, or other English-speaking countries. When you contact references, ask:

• “How was communication in English?”
• “Did you ever feel misunderstood or confused by their explanations?”
• “Were documents and emails clear and professional?”
• “Was the person you deal with day-to-day the same person you met initially?”

The Bait-and-Switch Problem

I mentioned this in our red flags guide, but it deserves emphasis here. The most common fluency complaint isn’t about the firm’s ability — it’s about which team member you actually work with.

The pattern:

• Senior partner with excellent English handles the sales consultation
• You sign the contract
• Junior associate with limited English becomes your primary contact
• The partner is “available for important matters” but practically unreachable

How to prevent this:

1. Ask directly: “Who will be my primary point of contact for day-to-day communication?”
2. Request a meeting with that person before signing
3. Put it in the contract: “Primary contact: [Name], with [Partner Name] available for strategy decisions”
4. Ask about the team structure during your consultation: “How does your team divide work on a case like mine?”

See 7 questions to ask before signing a fee agreement for more on team structure questions.

Machine Translation and AI: The New Challenge

Since 2023, the quality of machine translation has improved dramatically. This creates a new challenge for evaluating fluency: a lawyer with basic English can now produce polished-looking documents using DeepL, ChatGPT, or similar tools.

Why this matters: Machine translation produces grammatically correct text but often misses legal nuance. “Direito adquirido” translated literally as “acquired right” is technically correct but misses the constitutional weight of the concept in Brazilian law (protected under Art. 5, XXXVI of the Constitution). A genuinely bilingual lawyer would explain it as “vested right” or “constitutional protection of established rights” — the concept, not just the words.

How to detect AI/machine translation:

• Unusually perfect grammar in written communication from someone whose verbal English is clearly lower-level
• Generic, textbook-like explanations that don’t address your specific situation
• Inconsistency between written and verbal quality
• Responses that arrive unusually fast for their complexity and length

The bottom line on AI translation: It’s a tool, not a replacement. A lawyer who uses translation tools to assist their already-strong English is being efficient. A lawyer who relies on translation tools because they can’t communicate in English is a risk.

Cultural Fluency Matters Too

Language is more than vocabulary. A lawyer serving international clients needs to understand:

• Communication expectations: Americans expect direct, clear answers. Many Brazilian professionals communicate more indirectly. Your lawyer should bridge this gap.
• Timeline expectations: “Soon” means different things in different cultures. A good bilingual lawyer translates timelines into concrete dates, not vague assurances.
• Decision-making norms: In the US and UK, decisions are typically made after analysis and presented as final. In Brazil, decisions evolve through conversation. A culturally fluent lawyer prepares you for this difference.
• Business formality levels: When to use “voce” vs. “senhor” in Portuguese meetings, how formal to be in Brazilian court filings, when casual WhatsApp communication is appropriate — your lawyer should navigate this for you.

Frequently Asked Questions

My lawyer’s English is okay but not perfect. Should I switch?

Not necessarily. “Good enough” depends on your matter’s complexity. For a straightforward visa application, Level 3 (professional English) might work fine. For a complex corporate restructuring or contested divorce, you need Level 4-5. The question isn’t perfection — it’s whether you understand each other fully on the things that matter.

Can I use my own interpreter instead of finding a bilingual lawyer?

You can, but I’d strongly advise against it for anything beyond basic transactions. Legal interpretation requires someone who understands both legal systems, not just both languages. A general interpreter might translate words accurately but miss legal significance. And you’re adding a communication layer that creates opportunities for error.

How many bilingual lawyers are there actually in Brazil?

Good data is hard to find — the CNJ’s annual Justiça em Números report doesn’t track language capability — but in my experience, perhaps 5-10% of Brazilian lawyers can communicate professionally in English, and maybe 1-2% are at legal-grade fluency. In Sao Paulo and Rio, the percentages are higher. In smaller cities, finding genuine English fluency is significantly harder.

What about lawyers who speak other languages?

The same evaluation framework applies to French, German, Spanish, or any other language. Brazil has significant German-speaking communities in the South (Blumenau, Joinville) and Japanese-speaking professionals in Sao Paulo. If you speak a less common language, your options may be more limited, but the evaluation methods are the same.

Is it better to hire a native English speaker who learned Portuguese, or a Brazilian who learned English?

Both can work. A native English speaker who became fluent in Portuguese (like me) brings an innate understanding of how English speakers think and what they need explained. A Brazilian lawyer who became truly fluent in English brings deep knowledge of the Brazilian system with the ability to communicate it in your language. The question isn’t origin — it’s the quality of the bilingual bridge.

My lawyer uses an associate who’s a native English speaker for client communication. Is that okay?

Yes, as long as the associate is a qualified lawyer (not just a translator) and actually understands your case. Some Brazilian firms hire bilingual associates specifically for client-facing communication while senior Brazilian lawyers handle the legal strategy. This can work well if the internal communication is strong.

The Bottom Line

English fluency isn’t a nice-to-have — it’s essential infrastructure for your legal representation in Brazil. A brilliant lawyer who can’t communicate your options clearly is less useful than a good lawyer who can. Don’t settle for “they speak some English.” Test it, verify it, and make sure the person who speaks English is the person you’ll actually work with.

For the complete lawyer evaluation framework, see our guide to choosing a lawyer in Brazil. And if you want to work with someone who genuinely lives in both languages, reach out — I’ve spent 15+ years bridging the gap between American expectations and Brazilian legal reality. More about my background here.