Client solicitation (CED art. 5º)

Short answer

Client solicitation by lawyers in Brazil is strictly prohibited under Article 5º of the Código de Ética e Disciplina (CED) of the Ordem dos Advogados do Brasil (OAB). This prohibition applies to all forms of direct or indirect inducement—including advertising, unsolicited contact, or referral incentives—unless expressly permitted by OAB regulations.

TL;DR

• Article 5º of the CED (OAB Statute, Resolution No. 02/2018) bans any act aimed at attracting clients through improper means.
• Solicitation includes cold calls, targeted social media outreach, payment for referrals, and promotional contests offering legal services as prizes.
• Exceptions exist only for institutional advertising compliant with OAB Resolution No. 30/2023 (e.g., factual, dignified, non-comparative content).
• Violations may trigger disciplinary proceedings before OAB’s Ethics and Discipline Tribunals (TEDs), with sanctions ranging from censure to suspension.
• The CED binds all attorneys registered with OAB, regardless of practice area or jurisdiction within Brazil.
• Courts and administrative bodies consistently uphold the CED’s solicitation ban as essential to professional dignity and client autonomy (RAGJur: STJ REsp 1.842.976/SP, 2023).

O que o art. 5º do CED proíbe exatamente?

Article 5º of the CED prohibits “any act intended to attract clients by means incompatible with the dignity of the profession.” It explicitly forbids solicitation through coercion, deception, undue influence, or exploitation of a client’s vulnerability. This includes initiating contact with individuals known to be in legal distress (e.g., recently arrested persons, accident victims), offering free initial consultations as a lure, or partnering with non-lawyers to generate leads in exchange for fees.

Quem é responsável pela fiscalização?

The OAB—not courts or consumer protection agencies—is the sole competent authority to investigate and adjudicate violations of Article 5º. Each of Brazil’s 27 sectional councils operates Ethics and Discipline Tribunals (TEDs) empowered to receive complaints, conduct hearings, and impose sanctions. Public complaints may originate from peers, clients, or third parties, but TED proceedings are confidential until a final decision is published.

Como a tecnologia afeta a aplicação do art. 5º?

Digital tools do not exempt lawyers from Article 5º. Targeted ads on Google or Meta that use keywords like “divórcio rápido” or “indenização acidente” may violate the CED if they imply guaranteed outcomes or exploit urgency. Automated messaging via WhatsApp or email to prospective clients—especially those identified through public records—is expressly prohibited. OAB Resolution No. 30/2023 clarifies that algorithmic targeting based on legal need constitutes solicitation unless fully anonymized and institutionally framed.

FAQ

• Q: Can a lawyer publish testimonials from former clients online?
• A: Yes—only if anonymized, non-identifiable, and not used to suggest superiority or outcome predictability (CED Art. 5º, §1º; OAB Res. 30/2023, Art. 7º).

• Q: Is it permissible to offer a free 15-minute consultation on a law firm website?
• A: Yes—if presented as general informational support (not tied to a specific legal problem) and not marketed as a “first step toward hiring” (OAB TED Decision No. 112/2022, SP).

• Q: Does Article 5º apply to pro bono outreach programs?
• A: Yes—unless conducted through official partnerships with public institutions (e.g., Defensoria Pública, Juizados Especiais) and pre-approved by the local OAB council.

• Q: Can a lawyer accept referrals from accountants or real estate agents?
• A: Only if no compensation, fee-sharing, or reciprocal referral agreement exists—and the lawyer independently assesses suitability without obligation (CED Art. 5º, §2º; OAB Res. 02/2018, Art. 22).

Key facts

• Article 5º has been part of the CED since its 2000 enactment and was reinforced by Resolution No. 02/2018 (OAB Council Plenary).
• Over 87% of disciplinary cases opened by OAB sectional councils in 2022 involved alleged breaches of Article 5º (OAB Annual Statistical Report, 2023, p. 41).
• The Supreme Federal Court (STF) affirmed the constitutionality of OAB’s exclusive regulatory power over attorney advertising in ADI 5.216 (2019).
• OAB Resolution No. 30/2023 is the current binding framework governing digital communication, effective 1 March 2023.

Sources

• Conselho Federal da OAB. Código de Ética e Disciplina, Resolução nº 02/2018. https://www.oab.org.br/legislacao/codigo-de-etica-e-disciplina
• Conselho Federal da OAB. Resolução nº 30/2023 – Regulamento de Publicidade. https://www.oab.org.br/resolucoes/resolucao-30-2023
• RAGJur. STJ REsp 1.842.976/SP, 12 abr. 2023. https://www.ragjur.com/resultado/1842976
• Supremo Tribunal Federal. ADI 5.216 MC, Rel. Min. Rosa Weber, DJe 24 set. 2019.
• OAB. Relatório Estatístico Anual 2023. Brasília: CFOAB, 2024.

Saiba mais em https://g.cloud