Fee agreements: clauses that prevent conflicts with clients

Most conflicts between lawyers and clients stem from one thing: what was agreed was never written down. The Brazilian Statute of the Legal Profession (Law 8,906/1994) and the Code of Ethics and Discipline provide the foundation; a well-drafted agreement provides the security.

Why put it in writing

• A written agreement setting fees is an enforceable instrument (art. 24 of the Statute);
• It records expectations and prevents disputes over what was or was not included;
• It makes collection easier and serves as evidence in case of disagreement.

Essential clauses

1. Purpose and scope

Describe the service exactly: which lawsuit, at which level, whether it includes appeals to the higher courts, enforcement proceedings, hearings in other districts, etc. Anything outside the scope should be expressly excluded.

2. Amount and payment terms

Fixed fee, installments, due dates, adjustment index, penalties and interest for late payment. If there is a down payment, state when it is due.

3. Success fees

If part of the fee depends on the outcome, define the calculation base (amount received, award, economic benefit) and when it becomes due. Remember: in contingency (quota litis) arrangements, total fees cannot exceed the benefits obtained by the client.

4. Court-awarded fees

Fees awarded by the court against the losing party belong to the lawyer (art. 23 of the Statute). Make it clear in the agreement that they are separate from contractual fees — this avoids the client's impression of being charged "twice".

5. Expenses

Court costs, expert fees, travel and copies: who pays and how they are reimbursed.

6. Termination and revocation of the power of attorney

What happens if the client revokes the power of attorney or the lawyer withdraws: proportional fees, amounts already paid and future success fees.

7. Communication and data protection

Official contact channels and how the client's data will be handled.

Watch the collection deadline

A claim to collect fees is time-barred after five years (art. 25 of the Statute), counted as provided by law. Tracking due dates is part of financial management — don't leave it for later.

How IntegraLegal helps

In IntegraLegal, the fee agreement is generated from a template filled in with the client's data, sent for digital signature through IntegraLegalSign, and the installments go to the case's Financial Center, with integrated billing. Start your free trial.

Read also

• Electronic signatures for agreements and powers of attorney: speed with legal validity
• Success fees: how to track them from settlement to payment
• How to collect fees without awkwardness (and without forgetting)

Notice: this content is for information only. It does not replace a lawyer's analysis of the specific case. Always check the legislation, case law and rules in force on the date of your consultation.