7 Questions to Ask Before Signing a Fee Agreement

The Short Answer

Before signing a contrato de honorarios with any Brazilian lawyer, ask these seven questions: What exactly is included in the scope? What’s the realistic timeline? How will we communicate and how often? Who specifically handles my case? What if the case doesn’t succeed? What additional costs should I expect? And how does termination work? Brazilian law requires this written agreement — but what it contains is negotiable, and the answers to these questions should shape its terms.

Why These Questions Matter

“A fee agreement should protect both sides equally. If the contract only protects the lawyer, that tells you everything about how the relationship will go.” — Zachariah Zagol, Founding Partner, OAB/SP 351.356

When I first started practicing in Brazil, I was struck by how many foreign clients signed fee agreements without asking basic questions. Back in the US, clients would grill you. In Brazil, there’s a cultural tendency to trust the professional and not “bother” them with questions. Add the language barrier and unfamiliarity with the Brazilian legal system, and you get a recipe for mismatched expectations.

I’ve since helped clients who came to us mid-case, frustrated not because their original lawyer was bad, but because nobody set expectations upfront. Every frustration traced back to a question that wasn’t asked before signing.

What a Contrato de Honorarios Must Contain

Before the seven questions, understand what Brazilian law requires. The contrato de honorarios is mandated by Article 35 of the OAB Code of Ethics (Codigo de Etica e Disciplina da OAB). It’s not a formality — it’s your primary protection.

Required elements:

• Identification of the parties (you and the lawyer/firm)
• Description of services to be provided
• Fee amount and payment terms
• How expenses and costs are handled
• Terms for modification or termination
• Jurisdiction for disputes (usually the city where the lawyer practices)

Your rights under Brazilian consumer law:

The relationship between a lawyer and an individual client is covered by Brazil’s Consumer Defense Code (Codigo de Defesa do Consumidor — CDC). This gives you additional protections:

• Right to clear information about the service
• Right to cancel within 7 days of signing (for contracts signed outside the lawyer’s office, such as online)
• Protection against abusive contract clauses
• Right to proportional refund if you terminate early

Question 1: What Exactly Is Included — and What Isn’t?

This is the question that prevents 80% of disputes.

Ask specifically:

• “Does the fee cover government filing costs?”
• “Are sworn translations included or billed separately?”
• “What about cartorio fees for notarization and authentication?”
• “If you need to travel for my case (court appearances, Federal Police), is that included?”
• “How many revisions of documents are included?”
• “If I need a power of attorney drafted, is that part of this engagement?”

What you want in the contract: A clear scope section that lists what’s covered and, ideally, what’s not. “Immigration legal services” is too vague. “Full legal representation for investor visa application including: document analysis, business plan review, LTDA formation, CNIg application preparation and submission, consulate coordination, and CRNM registration. Excluding: sworn translation costs, government filing fees, cartorio fees, and apostille costs” is specific and protective.

The hidden cost trap: Many flat-fee quotes look reasonable until you add the extras. A R$10,000 flat fee can easily become R$15,000-18,000 once you add translations (R$2,000-4,000), cartorio fees (R$500-1,500), and government filings (R$600-2,500). See our complete fee guide for typical additional costs by practice area.

Question 2: What’s the Realistic Timeline?

Ask specifically:

• “What’s the best-case timeline?”
• “What’s the worst-case timeline?”
• “What are the most common causes of delay?”
• “Are there any government backlogs right now affecting my type of case?”
• “What milestones should I expect, and when?”

Why this matters: Brazilian legal processes are often slower than what foreigners expect. Court cases routinely take 2-5 years. Immigration applications that should take 60 days sometimes take 180. If your lawyer doesn’t prepare you for this reality, you’ll spend months frustrated and wondering if something is wrong.

What good timeline communication looks like: “Your investor visa should take 4-6 months total. Month 1: company formation and document gathering. Month 2: application preparation. Month 3-4: CNIg processing. Month 5-6: consulate issuance and entry. The most common delay point is CNIg requesting additional documents, which can add 30-60 days.”

A lawyer who won’t give any timeline is a red flag. A lawyer who gives an optimistic-only timeline is selling. You want the realistic range with identified risk points.

Question 3: How Will We Communicate, and How Often?

Ask specifically:

• “Will communication be via email, WhatsApp, phone, or video calls?”
• “How quickly should I expect responses to questions?”
• “Will I receive proactive updates, or do I need to ask for them?”
• “How often will you update me on case progress?”
• “Is there a dedicated contact person I should reach out to?”

Brazilian communication norms: WhatsApp is the dominant communication tool in Brazilian business, including legal practice. This is fine — but make sure important information (fee changes, strategy decisions, case updates) is also documented in email. WhatsApp messages can be deleted and are harder to organize.

What to put in the contract: “Client will receive written status updates via email at least once every [2 weeks / monthly]. Lawyer will respond to client inquiries within [48 hours / 2 business days].” Having this in writing transforms “I feel like they’re not communicating” from a vague complaint into a contractual obligation.

Question 4: Who Specifically Will Handle My Case?

Ask specifically:

• “Will you personally handle my case, or will it be assigned to an associate?”
• “If an associate, can I meet them before signing?”
• “Who is my primary point of contact for day-to-day questions?”
• “What is the supervising partner’s involvement?”
• “What happens if my contact person leaves the firm?”

Why this matters enormously for foreigners: You chose this lawyer because of their English fluency, experience, and rapport during the consultation. If your case is handed to a junior associate you’ve never met — whose English may not be as strong — you’ve lost the main thing you were paying for.

This is one of the most common complaints I hear from expats: “I hired Partner X but I deal with Associate Y.” There’s nothing inherently wrong with a team approach — associates do valuable work. But you should know the team structure before you sign, and the person you communicate with should meet your language and experience standards.

For tips on evaluating the actual team’s English ability, see how to evaluate a lawyer’s English fluency.

Question 5: What If the Case Doesn’t Succeed?

Ask specifically:

• “What happens to my fees if my visa is denied?”
• “Is any portion of the fee refundable if the outcome isn’t achieved?”
• “What additional costs would an appeal involve?”
• “Do you handle appeals, or would I need to engage someone else?”
• “Have you had cases like mine fail? What happened?”

The reality: No ethical lawyer guarantees outcomes. But a good one has a plan for failure scenarios. You should understand what you get if things don’t go your way.

Common structures:

• No refund, no additional fee for appeal: Your original fee covers the initial attempt and one appeal. This is generous.
• No refund, additional fee for appeal: Your original fee covers the application. If denied, the appeal is a new engagement at additional cost. This is the most common.
• Partial refund if not submitted: If the lawyer identifies an issue that makes the application unviable before submission, you get a partial refund for work not performed.
• Success-based component: A lower base fee with a bonus upon success. Aligns incentives.

Red flag: A lawyer who gets defensive or evasive when you ask about failure scenarios. This is a legitimate question, and any experienced professional should address it directly.

Question 6: What Additional Costs Should I Expect?

Ask specifically:

• “Can you give me an estimate of total costs beyond your fee?”
• “How much should I budget for sworn translations?”
• “What government fees will apply?”
• “Are there cartorio costs I should anticipate?”
• “Could expert reports, appraisals, or technical evaluations be needed?”
• “What about travel costs if you need to appear somewhere on my behalf?”

Get a total cost estimate in writing. Even if it’s a range, having “total estimated project cost: R$12,000-18,000 (legal fees R$8,000, translations estimated R$2,000-4,000, government fees R$1,500, cartorio costs R$500-1,500)” is infinitely better than a surprise bill at each stage.

For the full breakdown of hidden costs by practice area, see our fee guide.

Question 7: How Does Termination Work?

Ask specifically:

• “What if I want to switch lawyers mid-case?”
• “Is there a penalty for early termination?”
• “How is the fee calculated if I terminate before completion?”
• “Will you transfer my complete case file to a new lawyer?”
• “How quickly would the transition happen?”

Your rights: Under Brazilian law and OAB ethics rules, you can switch lawyers at any time. The outgoing lawyer must provide your complete case file — they cannot hold it hostage. You owe fees proportional to work actually performed, but not for work not yet done.

Watch out for:

• Termination penalties that exceed a reasonable fee for work completed
• Non-compete clauses that prevent you from hiring another lawyer in the same area (these are generally unenforceable for clients)
• Vague language about what “work performed” means — this should reference specific deliverables, not vague time entries

For the full guide on switching lawyers, see what to do if your lawyer isn’t performing.

A Template for Your Consultation

Bring these questions to your initial consultation. Here’s a printable checklist:

• Scope: What’s included and excluded?
• Timeline: Best case, worst case, common delays?
• Communication: Channel, frequency, response time?
• Team: Who handles my case day-to-day?
• Failure plan: What if we don’t succeed?
• Total cost: All-in estimate including extras?
• Exit: How does termination work?

Score each answer 1-5 and compare across the 2-3 lawyers you consult. This framework is part of the broader evaluation scorecard in our complete guide to choosing a lawyer in Brazil.

Frequently Asked Questions

Is it rude to ask these questions in Brazil?

Not at all. Professional clients ask professional questions. Any lawyer who is offended by due diligence questions is revealing something about how they handle scrutiny — and that’s useful information. In my experience, the best lawyers welcome detailed questions because it shows you’re a serious client who will be engaged and realistic.

Should I have the fee agreement reviewed by another lawyer?

For engagements over R$15,000, it’s worth considering. A quick review by an independent lawyer (R$500-1,000) can catch problematic clauses. For smaller engagements, thorough questioning using this list should suffice.

What if the contract is only in Portuguese?

If you don’t read Portuguese fluently, request an English version or a clause-by-clause English explanation. Any lawyer who serves international clients should accommodate this. If they won’t, that’s a communication red flag — if they can’t explain their own contract in English, how will they explain your case?

Can I modify the standard contract?

Yes. The contrato de honorarios is negotiable. You can request changes to scope, payment terms, communication expectations, or termination clauses. If the lawyer says “this is our standard contract, take it or leave it,” you can push back. Most provisions are negotiable except those required by law.

What if I signed without asking these questions and now have concerns?

It’s not too late. Schedule a meeting with your lawyer to discuss these points. A good lawyer will address your concerns and, if needed, amend the contract. If they’re dismissive, see what to do if your lawyer isn’t performing. You also have the right to terminate and switch lawyers at any time, with fees owed only for work completed.

“Every frustrated client I’ve met mid-case can trace the problem back to a question they didn’t ask before signing. Seven questions take thirty minutes — and save months of frustration.” — Zachariah Zagol, Founding Partner, OAB/SP 351.356

The Bottom Line

Seven questions, asked before you sign, can prevent months of frustration. The contrato de honorarios isn’t just paperwork — it’s the foundation of your professional relationship with your lawyer. Take it seriously, negotiate it thoughtfully, and make sure it reflects real agreements, not boilerplate.

If you’d like to see how we handle fee agreements at ZS Advogados — transparent, bilingual, and built around the questions above — schedule a consultation. We’ll walk you through every line before asking you to sign anything.