Build a complete Brazilian fee agreement step by step: parties (individual/entity), fee models, ethical clauses, and export to text, PDF or Word.
Attorney fees are freely negotiated between attorney and client (EOAB art. 22) and must be in writing. The agreement sets the scope, compensation and payment terms and is an extrajudicial enforceable title (EOAB art. 24 combined with CPC art. 784, XII). This wizard builds the agreement in six steps, with individual or legal-entity parties (including multiple clients and a law firm), fee models (fixed, contingency, mixed, hourly or per act), installments, indexation, clauses on court-awarded fees, confidentiality, data protection, delegation, mediation/arbitration and penalties, exporting the result to text, PDF or Word.
Law 8,906/1994 (EOAB, art. 22) guarantees that fees are freely agreed between attorney and client; the Code of Ethics (CED, art. 48) only requires the agreement to preferably be in writing and to clearly state the scope, the amount, the payment terms, and the reach of representation. Within that space, quite different models fit: a fixed fee (a set amount regardless of outcome), hourly, per act performed, contingency (quota litis, a percentage of the economic benefit obtained), or mixed (a fixed portion plus a contingency portion).
The choice shifts each side's risk: with a fixed fee or hourly billing, the attorney is paid for the work regardless of whether the client wins the case; in a pure contingency fee, the attorney is only paid if the client wins, which shifts part of the case's risk onto the service provider. That is why quota litis has its own moderation rules, covered in the next section.
In quota litis, the Code of Ethics (CED, art. 50) requires payment to always be in money and requires that contractual fees, added to any court-awarded fees, not exceed the economic benefit obtained by the client. There is no maximum percentage set by law, but common practice in the profession uses roughly 20% of the economic benefit as a reference for civil cases in general, and up to 30% for labor and social-security cases; percentages well above that can be seen as disproportionate and judicially reduced, under the Code of Ethics' moderation standard (art. 49).
Another sensitive point is termination: the mandate is a contract of trust, and the client can revoke it at any time, without needing a reason. Brazil's Superior Court of Justice (STJ) has ruled that a clause imposing a penalty on the client for simply terminating the contract unilaterally is abusive; what the law guarantees the attorney in that case is fees proportional to the work already performed (CED/OAB art. 17), not a penalty for exercising that right. That is why, when this tool generates a termination penalty clause, it is worded to apply only to a breach of the contract's other obligations, never to the revocation itself.
A written fee agreement is already an extrajudicial enforceable title (EOAB art. 24, combined with CPC art. 784, XII): in case of default, the attorney can enforce it directly, without first needing a separate lawsuit to establish the debt. No notarization or witnesses are required for that enforceability (witnesses, when included, are only extra evidentiary support).
Contractual fees are not the same as court-awarded fees, the amount the judge sets against the losing party at the end of the case (CPC art. 85). Court-awarded fees belong to the attorney, have an alimony-like nature, and are neither offset against nor merged with the fees agreed with the client (EOAB art. 23; CPC art. 85, §14), which is why many agreements provide for both separately.
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></iframe>These references help contextualize formulas, standards, APIs and limitations used on this page. They do not replace professional validation when a result has legal, financial, medical or operational impact.
Not legally required, but highly recommended and it must be written. Its absence does not prevent collection: absent an agreement, fees can be set through judicial arbitration under the CPC art. 85 criteria (EOAB art. 22, §2). Use this calculator's OAB Fee Table as a market reference.
Generates a draft for informational purposes under Law 8.906/1994 (OAB Statute) and the Code of Ethics. Review and adapt with an attorney before signing. Fees are freely negotiated between the parties.
Who hires the services. Add as many clients as needed; individual or legal entity.
Agreement generated in your browser. No party data is transmitted.