contingency fee agreement percentage quota litis net gross value
There is no statutory cap on contingency fee percentages, but OAB ethical practice uses 20% as the reference for civil cases in general and raises it to 30% for labor and social security cases. Exceeding that reference cap does not void the agreement, but it calls for justification.
30% is within the 30% reference cap for labor cases, so it does not trigger the warning that would appear in a civil case with the same percentage.
The same 30% that goes unflagged in a labor case triggers the warning in a civil one, because the reference cap changes with the area of law.
The fixed portion guarantees some payment even if the case is lost; only the contingency portion depends on the outcome.
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.
Not by statute, but OAB ethical practice uses 20% of the economic benefit as the reference cap for civil cases in general and 30% for labor and social security cases (CED art. 49). Exceeding that cap does not automatically void the agreement, but a court may reduce it if deemed disproportionate to the work performed.
No. CED art. 50 requires payment in cash, which bars clauses granting a stake in assets, shares or company equity as a contingency fee, even if both parties agree to that form of payment.
Because the OAB practice reference cap is not uniform: labor and social security cases carry a higher reference cap (30%) than civil cases in general (20%), reflecting the typically smaller awards in labor cases compared with higher-value civil claims.
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.
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