10 Red Flags When Hiring a Lawyer in Brazil

The Short Answer

The biggest red flags when hiring a Brazilian lawyer: guaranteeing outcomes (violates OAB ethics), refusing to share their OAB number, demanding large upfront payments without a written contract, creating artificial urgency, English fluency that disappears after the sales meeting, claiming expertise in every area of law, and going silent after you pay. Any one of these should make you pause. Two or more — walk away.

Where These Come From

I didn’t make this list up from a textbook. Every item here comes from real stories I’ve heard from clients who came to us after a bad experience, complaints on expat forums, and cases I’ve encountered in over 15 years of practicing law in Brazil. I’ve seen brilliant, ethical lawyers in this country — and I’ve seen the opposite. This list helps you tell the difference fast.

Red Flag #1: They Guarantee the Outcome

“Don’t worry, your visa will definitely be approved.” “I guarantee we’ll win this case.” “I’ve never lost an immigration application.”

This is the single most important red flag. Not just because it’s unreliable — because it’s an ethics violation. Article 8 of the OAB Code of Ethics explicitly prohibits lawyers from guaranteeing results. Any lawyer who guarantees an outcome is either ignorant of their own professional rules or willing to break them to get your business.

The reality: No lawyer can guarantee any outcome. Visa applications are decided by government officials. Court cases are decided by judges. A good lawyer maximizes your chances and gives you an honest assessment of probability — “based on my experience with similar cases, the success rate is around 85%” is ethical. “I guarantee approval” is not.

When I consult with clients, I give probabilities, not promises. If a case has a 60% chance of success, I say so. Some people don’t want to hear that. But I’d rather lose a client today than lose their trust tomorrow.

Red Flag #2: They Won’t Share Their OAB Number

Every practicing lawyer in Brazil has an OAB number and is required to display it. It should be on their business card, website, email signature, and office door. If you ask for it and get deflection — “Oh, I’ll send it later” or “You don’t really need that” — something is wrong.

There are only two reasons someone won’t share an OAB number: they don’t have one, or their registration has a problem. Either way, you need to verify before proceeding. Here’s how to verify credentials in 5 steps.

“When I consult with clients, I give probabilities, not promises. If a case has a 60% chance of success, I say so. I’d rather lose a client today than lose their trust tomorrow.” — Zachariah Zagol, Founding Partner, OAB/SP 351.356

Red Flag #3: Large Upfront Payment Without a Written Contract

Brazilian law requires a written fee agreement — the contrato de honorarios — before legal work begins. This isn’t optional; it’s a professional obligation under the Estatuto da Advocacia (Lei 8.906/1994).

If a lawyer asks for a substantial payment before providing a written contract that details the scope of work, fees, timeline, and your rights, that’s a problem. I’ve heard from expats who wired R$10,000-15,000 to a lawyer based on a WhatsApp conversation, only to find the lawyer unreachable afterward.

What’s normal: A small consultation fee (R$300-800) before engagement is standard. A reasonable retainer (20-30% of estimated total fees) with a signed contract is also normal. What’s not normal is a demand for 100% payment upfront with no written agreement.

See our fee guide for what typical payments look like by practice area.

Red Flag #4: Artificial Urgency

“You need to sign today or you’ll lose your chance.” “The government is about to change the rules — we need to file immediately.” “I can only offer this price if you decide by Friday.”

Urgency sells. Lawyers who aren’t confident in their value proposition use urgency as a crutch. While some legal matters do have genuine deadlines (visa expirations, court filing dates, tax deadlines), a good lawyer explains the actual timeline and gives you time to make an informed decision.

How to tell real urgency from manufactured urgency: Ask for the specific deadline and the legal authority behind it. “Your temporary visa expires on March 15, and we need 60 days for the renewal application, so we should start by January 15” is a real deadline with a verifiable basis. “Hurry up” with no specific date is pressure.

Red Flag #5: English Fluency That Drops After the Sale

This one burns me up because I see it constantly. The initial consultation is in polished English. The partner who handled the sales call speaks beautifully. Then you sign the contract, and suddenly your day-to-day contact is a junior associate whose English is… limited.

There’s nothing wrong with a team approach — associates doing research and drafting while partners supervise. But you should know who you’re actually working with before you sign. And the person handling your communication should be genuinely fluent.

Test it: Before signing, ask who will be your primary point of contact. Request a video call with that person. Ask them to explain a concept without preparation. For our full evaluation framework, see how to evaluate a lawyer’s English fluency.

Red Flag #6: Claims Expertise in Everything

“Yes, we handle immigration. And real estate. And criminal defense. And family law. And tax. And intellectual property. And labor disputes.”

Brazilian law is vast and complex. No single lawyer — and no small firm — can genuinely be expert in all areas. When a lawyer claims to handle everything, they’re usually a generalist who handles nothing particularly well, or they’re saying yes to get your business and will learn on the job at your expense.

What good specialization looks like: A firm that focuses on 3-5 related practice areas (immigration, corporate, real estate — a natural cluster for international clients) with deep expertise in each. Or a firm that says “that’s not our specialty, but we can refer you to someone who does it well.” The willingness to say no is actually a sign of integrity.

For more on choosing between specialized and general firms, see boutique vs. full-service firms in Brazil.

Red Flag #7: No Physical Office or Verifiable Address

Brazil’s legal culture still values physical presence more than many countries. While the pandemic normalized remote work and virtual consultations (which are perfectly fine), a complete absence of a physical office or verifiable address raises questions.

I’m not saying every lawyer needs a corner office in Faria Lima. But they should have:

• A registered business address (which can be a coworking space or virtual office for address purposes)
• A verifiable CNPJ for their firm or sociedade individual
• Willingness to meet in person or show their workspace on video

If a “law firm” only communicates through WhatsApp, has no website beyond a social media page, and can’t tell you where their office is, proceed with extreme caution.

Red Flag #8: Fee-Churning in Disputes

This applies mainly to litigation and ongoing disputes. Some lawyers have a financial incentive to make your case last longer — especially if billing hourly or taking additional fees for each court appearance or filing.

Warning signs:

• Your case keeps getting “new developments” that require additional fees
• Settlement offers are dismissed without serious consideration
• The lawyer discourages mediation or arbitration (faster, cheaper resolutions)
• Bills arrive with vague line items like “case analysis” or “strategic review” without specifics

How to protect yourself: Agree on a fee cap or check-in points. “Let’s review progress and costs at the R$15,000 mark” puts you in control. For the difference between litigation and alternative dispute resolution, see our arbitration vs. litigation comparison.

Red Flag #9: Won’t Give a Written Timeline

“It depends.” “Hard to say.” “These things take time in Brazil.”

All of these can be true — Brazilian legal processes do vary and courts are slow. But a competent lawyer should still be able to give you an estimated timeline with caveats. Something like: “Typical investor visa processing is 3-5 months, but it could extend to 7 if CNIg requests additional documentation” is honest and useful.

A complete refusal to estimate timelines usually means one of three things: they don’t have enough experience to know, they don’t want to be held accountable, or they’re aware the timeline will be longer than you’d accept if told upfront.

Red Flag #10: Pressures You to Sign Immediately

“I have a lot of demand right now and can only take you on if you decide today.” “This price is only available for the next 24 hours.” “Let’s sign the contract right now during this meeting.”

A confident, competent lawyer gives you time to think. They’ve been through this enough times to know that a client who takes 3-5 days to decide is often a better long-term client than one pressured into a snap decision.

What’s normal: Taking 2-7 days to review a proposal, consulting with a spouse or business partner, getting a second opinion from another lawyer. Any lawyer who respects your intelligence will respect this timeline.

A Quick Self-Assessment

Before you hire, rate any lawyer you’re considering against these red flags. Use this as a pass/fail checklist:

Scoring: Any deal-breaker = walk away, no exceptions. Two or more “serious” flags = strongly consider alternatives. One or two “warning” flags = proceed with caution and address the concern directly.

The Expat-Specific Trap

There’s a pattern I’ve seen repeatedly in the expat community: a lawyer who speaks decent English, has a polished website, and charges premium prices specifically markets to foreigners — but delivers mediocre work. They survive on the constant churn of new arrivals who don’t know any better.

These lawyers aren’t necessarily committing ethics violations. They’re just not very good. They coast on the language advantage because, frankly, finding an English-speaking lawyer in Brazil is hard enough that many expats stop looking once they find one who can communicate.

The fix: Don’t let language ability be the only filter. Apply all ten of these red flags. The complete guide to choosing a lawyer in Brazil gives you the full evaluation framework.

Frequently Asked Questions

What should I do if I’ve already hired a lawyer showing these red flags?

First, document everything — save all emails, WhatsApp messages, contracts, and payment receipts. Then have an honest conversation about your concerns. If the issues aren’t resolved, you have the right to terminate the engagement and switch lawyers. See what to do if your lawyer isn’t performing for the full process.

Is it normal for a Brazilian lawyer to communicate mainly via WhatsApp?

Yes, WhatsApp is the primary communication tool in Brazilian business culture — including legal practice. This isn’t a red flag by itself. What matters is the quality and timeliness of the communication, not the platform. However, important information (fee quotes, strategy decisions, timelines) should also be documented in email for your records.

My lawyer says visa approval rates are 99%. Is that a guarantee?

It’s technically a statistic, not a guarantee — but be skeptical. Ask them to provide specifics: 99% of what applications? Over what period? What visa type? And even if true, your case is individual. If you’re in the 1%, the statistic is meaningless.

Are expat-focused law firms more expensive than local ones?

Generally, yes — but not always excessively so. Expect to pay 20-40% more than a local-market lawyer for the same service. You’re paying for English fluency, cultural understanding, and experience with the specific complications foreigners face. Whether that premium is worth it depends on your language skills and the complexity of your matter.

How do I report a lawyer who defrauded me?

File a complaint with the OAB’s Tribunal de Etica e Disciplina in the state where the lawyer is registered. You can also file a police report (Boletim de Ocorrencia) for criminal fraud, and a consumer complaint with PROCON. For significant losses, consult another lawyer about a civil claim.

Can a lawyer be good but still show one of these red flags?

Possibly — nobody’s perfect. A single minor flag (like being slow to provide a timeline) might reflect personal style rather than incompetence. But multiple flags, or any of the serious ones (guaranteeing outcomes, refusing to share OAB number, demanding payment without a contract), should disqualify the lawyer regardless of other qualities.

My lawyer’s website says “best” and “top-rated” — is that allowed?

The OAB’s advertising rules (Provimento 205/2021) restrict superlative claims and comparative advertising. A lawyer claiming to be “the best immigration lawyer in Brazil” is technically violating OAB advertising rules. It might not mean they’re a bad lawyer, but it shows a willingness to bend professional rules — which tells you something.

“Don’t let language ability be your only filter. The best English-speaking lawyer in Brazil is useless if they show three red flags on this list. Apply all ten criteria — language is just one.” — Zachariah Zagol, Founding Partner, OAB/SP 351.356

The Bottom Line

Trust is hard to build and easy to lose. The right lawyer will earn your trust through transparency, responsiveness, and honest assessments — not through pressure, guarantees, or flash. Use these ten red flags as your filter, and you’ll avoid the majority of bad experiences that foreigners encounter in Brazil’s legal market.

Want to talk through your specific situation? Reach out for a consultation. I’ll give you an honest assessment — including whether your matter is something we’re the right fit for. Learn more about my background at /about/zac-zagol.