What to Do If Your Brazilian Lawyer Isn't Performing

The Short Answer

First, figure out if there’s actually a problem — Brazilian legal timelines are genuinely slower than what most foreigners expect. Court cases take years, government processing takes months, and “soon” means something different here. If you’ve confirmed the issue is your lawyer and not the system, you have options: request a formal status meeting, send a written demand for an update, file an OAB complaint, invoke your consumer protection rights under the CDC, or switch lawyers. You can always switch — they cannot hold your files hostage.

The Hardest Part: Is It Your Lawyer or Is It Brazil?

This is the question I get asked most often by frustrated expats, and the honest answer is: sometimes it’s genuinely Brazil being Brazil.

When I first arrived here, I thought every delay was incompetence. I’d send follow-up emails, make calls, get increasingly frustrated. Then I learned something fundamental: Brazilian legal and bureaucratic timelines operate on a different clock. Not because people are lazy — because the system is genuinely overloaded, understaffed, and procedurally complex.

Normal timelines that feel abnormally slow:

These timelines aren’t your lawyer’s fault. They’re systemic. A good lawyer manages expectations upfront — which is why we emphasize timeline discussions in our 7 questions to ask before signing.

“The number-one complaint I hear from expats is about delays — and in about half those cases, the lawyer is doing their job; it’s the Brazilian system that’s slow. The key is knowing the difference before you burn a professional bridge.” — Zachariah Zagol, OAB/SP 351.356

Signs of Actual Underperformance

Once you’ve calibrated for Brazilian timelines, here are the signs that your lawyer — not the system — is the problem:

Communication Goes Dark

Your emails go unanswered for weeks. WhatsApp messages show “read” but get no reply. Phone calls go to voicemail. You’re left guessing what’s happening with your case.

Normal: A few days between responses, especially during court recesses (January and July) or if they’re in trial. Not normal: Consistent silence for 2+ weeks despite multiple contact attempts.

No Proactive Updates

You only learn about your case when you ask. No updates on filings, court dates, or government responses unless you chase them.

Normal: Monthly update cadence for routine matters. Not normal: Going months without any communication unless you initiate.

Missed Deadlines

Court filing deadlines, government response windows, or document submission dates are missed or rushed at the last minute.

Normal: Asking for a deadline extension when legitimately needed (this is common in Brazilian practice). Not normal: Missing deadlines that result in procedural penalties or lost rights.

Work Quality Issues

Documents contain errors, legal arguments are weak, or submissions are rejected for preventable mistakes.

How to check: Ask for copies of everything filed on your behalf. Have another lawyer review if you’re concerned. You have the right to see all documents related to your case.

The Runaround

Explanations don’t add up. “The court hasn’t responded” when you can check the public docket yourself. “The government office was closed” when their website shows normal hours. Excuses that can’t be verified.

Pro tip: Many Brazilian court proceedings are publicly accessible online through the tribunal’s website. For federal matters (immigration), check the MJSP portal. Ask your lawyer for the case number (numero do processo) and look it up yourself.

Step-by-Step: What to Do

Step 1: Document Everything

Before taking any action, organize your records:

• All email and WhatsApp communication (screenshot WhatsApp — messages can be deleted)
• Your signed contrato de honorarios
• All payment receipts
• Any documents your lawyer has sent you
• Timeline of when you requested updates and when (if) you received them
• The original timeline and expectations discussed at hiring

This documentation matters for every subsequent step — whether you’re having a conversation, filing a complaint, or switching lawyers.

Step 2: Request a Formal Status Meeting

Send a written request (email, not just WhatsApp) for a meeting to discuss your case status. Be specific:

“I’d like to schedule a meeting to discuss the current status of my [case type]. Specifically, I’d like to understand: (1) what actions have been taken since [date], (2) what the current status is with [government agency/court], (3) what the expected next steps and timeline are, and (4) any issues that have arisen.”

Why this matters: It creates a record. If the lawyer ignores a clear, written, reasonable request for a status update, that’s powerful evidence of underperformance for an OAB complaint.

Give them 5-7 business days to respond. If they respond and the meeting is productive, great — maybe the issue was just poor communication habits. If they don’t respond, move to Step 3.

Step 3: Send a Formal Written Demand

If the status meeting request is ignored or the meeting is unsatisfactory, send a formal written demand. This should be via email with read receipt, or via registered mail (AR — Aviso de Recebimento) for maximum legal weight.

Key elements:

• Reference your contrato de honorarios and its terms
• List specific concerns (missed communications, lack of updates, delays beyond what was discussed)
• Reference the communication obligations in your contract
• Request a comprehensive written status report within 10 business days
• State that you’re considering your options if the situation isn’t resolved

This isn’t aggressive — it’s protecting your rights. Any professional should respond to a formal, documented demand.

Step 4: Consider Filing an OAB Complaint

If formal communication doesn’t resolve the issue, you can file a complaint with the OAB’s Tribunal de Etica e Disciplina (TED) in the state where your lawyer is registered.

How to file:

1. Go to the OAB seccional website for the lawyer’s state (e.g., oabsp.org.br for Sao Paulo)
2. Look for “Tribunal de Etica” or “Representacao Disciplinar”
3. Submit a written complaint describing the issue
4. Include all supporting documentation
5. Some seccionais accept online complaints; others require in-person or mail submission

What happens:

• The OAB opens a preliminary investigation
• The lawyer is notified and given the opportunity to respond
• A hearing may be scheduled
• If violations are found, sanctions range from censure (warning) to suspension to expulsion

Timeline: OAB disciplinary proceedings take 6-18 months on average. This is a long-term accountability measure, not an immediate solution.

What the OAB can do: Discipline the lawyer (censure, suspension, exclusion). What the OAB cannot do: order a refund or award you damages. For that, you need Step 5.

Step 5: Invoke Consumer Protection Rights

Your relationship with your lawyer is covered by Brazil’s Consumer Defense Code (CDC — Lei 8.078/90). This gives you:

• Right to adequate service: The lawyer must perform the services contracted with competence and diligence
• Right to information: You’re entitled to clear, complete information about your case status
• Right to compensation: If the lawyer’s underperformance caused you financial harm
• PROCON complaint: You can file a complaint with PROCON (consumer protection agency) for mediation
• Small claims court (JEC): For disputes under 40 minimum wages (approximately R$56,480 in 2026), you can use the simplified small claims procedure — no lawyer needed

PROCON route: Free, faster than court, and sometimes effective. PROCON will contact the lawyer and attempt mediation. Many professionals take PROCON complaints seriously because they affect their record.

Step 6: Switch Lawyers

You have the absolute right to switch lawyers at any time. Here’s how:

1. Hire your new lawyer first. They can help manage the transition.
2. Notify the current lawyer in writing that you’re terminating the engagement, referencing the termination provisions in your contrato de honorarios.
3. Request your complete case file (substabelecimento). Your lawyer is legally obligated to transfer all documents, files, and information related to your case. They cannot withhold files over unpaid fees — this is expressly prohibited by OAB ethics rules.
4. Settle outstanding fees. You owe fees for work actually performed, proportional to the overall engagement. If you paid upfront and the work wasn’t completed, you’re entitled to a proportional refund.
5. Your new lawyer files a substabelecimento (power transfer) to officially take over representation.

How long does switching take? For non-litigation matters (immigration, corporate), the transition can happen in days. For active court cases, the new lawyer needs to file the substabelecimento with the court, which takes 1-2 weeks.

Common Objections and Responses

”But I’ve already paid — won’t I lose that money?”

You’re entitled to value for money paid. If you paid R$10,000 for an investor visa process and the lawyer completed the company formation but never filed the visa application, you should only owe for the company formation portion. The remainder should be refunded. If the lawyer disputes this, it becomes a consumer protection matter.

”Won’t switching delay my case?”

Short-term, yes — there’s a transition period. Long-term, switching from a non-performing lawyer to a performing one accelerates your case. I’ve taken over cases from other firms where months of “progress” turned out to be minimal actual work. The real cost is staying with a lawyer who isn’t working.

”What if they badmouth me to government agencies?”

This doesn’t happen in practice. Government agencies (Federal Police, MJSP, courts) deal with lawyers professionally. A change of counsel is routine and raises no red flags.

”I don’t have the energy to start over.”

I understand. The bureaucratic exhaustion is real. But think of it this way: every month with a non-performing lawyer is a month wasted. The sooner you switch, the sooner real progress resumes. Your new lawyer handles the transition logistics — that’s their job.

Frequently Asked Questions

Can my lawyer refuse to give me my case files?

No. Under OAB ethics rules (Codigo de Etica e Disciplina, Art. 12), a lawyer must provide the client’s complete case file upon request, regardless of outstanding fee disputes. If they refuse, this alone is grounds for an OAB complaint and potentially a court order for delivery of documents.

How much of my fee should I get back if I switch?

This depends on how much work was actually performed. Request an itemized accounting of work completed versus the total scope of engagement. If the lawyer can show they completed 60% of the work, 60% of the fee is reasonable. If they can’t document what work was done, that supports your case for a larger refund.

Will switching lawyers affect my pending visa application?

If the application has been filed, it continues to be processed regardless of who represents you. Your new lawyer will need to file an updated power of attorney with the relevant agency, but this doesn’t restart the process. If the application hasn’t been filed yet — which is sometimes what you discover when you switch — your new lawyer simply files it.

Can I represent myself instead of hiring another lawyer?

In many administrative matters (immigration, business registration), yes. In court proceedings, you generally need a lawyer in Brazil (unlike some US courts that allow pro se representation). For administrative matters, the question is whether you can navigate the Portuguese-language bureaucracy effectively. See do you need a lawyer for a Brazilian visa? for guidance.

How do I know my new lawyer won’t have the same problems?

Apply everything in our complete guide to choosing a lawyer — verify credentials, test English fluency, check red flags, ask the 7 key questions, and put communication expectations in writing. You’ve learned from the experience — use it.

What’s the statute of limitations for filing an OAB complaint?

The OAB disciplinary statute of limitations is 5 years from the date of the violation, as established by the OAB Estatuto (Lei 8.906/1994). For a consumer protection claim, it’s also 5 years under the CDC. You have time, but don’t wait — evidence fades and memories get fuzzy.

“Switching lawyers mid-case feels daunting, but I’ve taken over dozens of stalled immigration and litigation matters. The transition is almost always smoother than clients expect — and the relief of having someone actually working your case is immediate.” — Zachariah Zagol, OAB/SP 351.356

The Bottom Line

Bad legal experiences in Brazil happen. The system is complex, communication norms are different, and some lawyers simply aren’t good enough. But you’re not powerless. Brazilian law gives you strong consumer protections, the OAB provides disciplinary oversight, and you can always switch lawyers.

The best protection is prevention — choosing well from the start using the frameworks in our choosing a lawyer guide. But if you’re past that point and dealing with underperformance now, act sooner rather than later. The longer you wait, the harder the transition becomes.

If you need help assessing whether your current lawyer is underperforming or if the timeline is simply normal for Brazil, reach out for a candid conversation. I’ll tell you straight — even if the answer is “your current lawyer is fine, just be patient.” Learn more about my background at /about/zac-zagol.