Advertising Regulation for Lawyers in Brazil
Unlike many other countries where lawyers are allowed to advertise freely for their services, Brazil has many restrictions for this type of advertising. In this article we will outline some of the restrictions imposed by OAB for lawyer advertising.
Advertising for lawyers is regulated by OAB, short for Order of Lawyers of Brazil. According to OAB, a lawyer can advertise their professional services exclusively for information purposes.
The advertisement must state the full name of the lawyer and their OAB registration number. The advert can also contain the titles, professional qualifications, technical and scientific expertise. In addition to this, it can state the address, office hours, e-mails and phone numbers. This information can not be broadcast on radio or television, only in the press media or via the internet.
The advertisement must not mention, directly or indirectly, any civil service or employment relationship and sponsorship, which can attract clients.
The use of the terms “escritório de advocacia” or “sociedade de advogados”, which are Portuguese for "law office" or "S.A. law office", must be accompanied by the OAB registration number or by the name and registration number of lawyers that are partners in the office. The advertisement must be in Portuguese, and if in a foreign language must be accompanied by a translation.
If the lawyer wants to distribute newsletters and comments about legislation, it can only be provided to colleagues, clients or people who have previously requested it.
The advertisement in the form of sign plates in the office or at the lawyer’s house must present discretion about the content, form and dimensions, without any commercial aspect, such as announcing how good or important the lawyer is, for example. The use of billboards or similar is prohibited.
The advertisement must not contain photographs, illustrations, colors, pictures, drawings, logos, trademarks or symbols that call attention and are not compatible with the seriousness of the advocacy. It is also forbidden to use the official symbols and those that are used by OAB.
It is also prohibited to make reference to the cost of services and form of payment. Any mention of the size, quality and structure of the office is also forbidden.
Lawyers can participate in a television, radio program, or other types of interview to the press, but they must keep an educational and instructive purpose, without using it for personal or professional promotion. It is not permitted to hold speeches on the working methods used by their colleagues.
When a lawyer is invited to clarify a legal issue of general interest in public, the lawyer must avoid allusions that may be understood as personal or professional promotion, as well as making a sensationalist debate.
Public disclosure of technical or legal subject by the lawyer, must be limited to the aspects that do not break or violate the professional secrecy.
Breaching Advertising Regulations
The infraction of OAB advertising regulations is breaking the ethics of professional conduct and there are 4 types of punishment for this: censorship, suspension, exclusion and fine.
Censorship
Lawyers who breach the regulation of OAB ethics and discipline may be censored. This is a formal warning to the lawyer but will not reflect on the lawyers records with OAB.
Suspension
Suspension is given to lawyers that break advertising regulations repeatedly. The lawyer will be forbidden to practice their profession throughout the country for a period of between thirty days to twelve months.
Exclusion
Exclusion is given to lawyers if they have already received censorship and suspension which result in the lawyer losing their OAB registration number.
Fine
The fine is applied together or separately with censorship or suspension, upon aggravating circumstances. The fine amount is variable between one to 10 times the amount paid to OAB as an annuity fee.