Legal Professionals and Their Careers: An Analysis in Light of the New Brazilian Bar Association’s Statute & Lawyer-to-Lawyer Mentoring
Introduction
In the practice of law, understanding the norms and regulations governing the profession is essential. A relevant issue is the possibility for a lawyer to simultaneously associate with a law firm and a sole proprietorship law firm, as well as to act as a legal consultant.
This article analyzes these possibilities in light of the New Code of Ethics and Discipline of the Brazilian Bar Association “OAB” and its Statute, also highlighting the importance of the lawyer-to-lawyer mentoring and coaching, offered by Brain U Coaching, a training company based in São Paulo, Brazil, to guide legal professionals in their career decisions and leadership paths.
The article covers topics such as the current structure of law firms, the updated legislation of the “OAB” Statute, and the relevance of mentoring and coaching in professional development and integrated career planning for the modern legal professional.
Structure of Law Firms, the Brazilian Bar Regulation, and Updates
To better understand the subject, it is important to first differentiate between a) a law firm and b) a sole proprietorship law firm. While the former is composed of two or more associated lawyers practicing law together, the latter consists of a single lawyer acting individually as a legal entity.
The “OAB” Statute (Law 8.906/1994) establishes the conduct rules for lawyers in Brazil. According to Article 15 of the Statute, a lawyer is allowed to associate simultaneously with a law firm and a sole proprietorship law firm, as long as all applicable ethical and regulatory norms are respected.
Art. 15. ………………………………………………………………………………………………….
§ 10. The Federal Council of the OAB is responsible for overseeing, monitoring, and defining the parameters and guidelines of the legal relationship between lawyers and law firms or between partner law firms and associate lawyers, including the fulfillment of the guiding requirements for association without an employment relationship expressly authorized in this article.
Additionally, the new wording of Article 15, § 12, of the Statute, introduced by Law 14.365/2022, allows both law firms and sole proprietorship law firms to use individual or shared spaces as headquarters, branches, or workplaces. This flexibility is permitted as long as the confidentiality rules provided for in the legislation, the Statute, and the Code of Ethics and Discipline of the OAB are respected.
Art. 15. ………………………………………………………………………………………………….
§ 12. Law firms and sole proprietorship law firms may use individual or shared spaces with other law firms or companies as headquarters, branches, or workplaces, provided that the confidentiality rules provided for in this Law and the Code of Ethics and Discipline are respected.
This change offers legal professionals more options in choosing their workplaces, promoting efficiency and collaboration while maintaining the necessary integrity and confidentiality of legal practice.
With the enactment of Law 14.365/2022 (which updated the “OAB” Statute), it is now also possible to provide legal consultancy and advisory services verbally or in writing, regardless of the granting of a power of attorney or the formalization of a fee contract, as agreed between the lawyer and the client. The Federal Council of the Brazilian Bar Association is responsible for overseeing the provision of this service and the fees, with confidentiality preserved, and its own disciplinary regulation.
Law 14.365/22 introduced significant changes to Laws 8.906/94 (“OAB” Statute) and 13.105/15 (Code of Civil Procedure) and also amended Decree-Law 3.689/41 (Code of Criminal Procedure). The updates include provisions on the exclusive activity of law, oversight, competence, prerogatives, law firms, associate lawyers, legal fees, limitations on the practice of law, and suspension of deadlines in criminal proceedings. These changes aim to modernize the practice of law, offering more flexibility and opportunities for lawyers.
The new Statute of the “OAB” allows lawyers to provide legal consultancy services not only within their own law firm, but also in other law firms as well. This means that a lawyer can be hired by other law firms to provide specialized legal consultancy without implying exclusivity or an employment relationship with any of the firms.
In this regard, we have the following highlighted wording:
“Art. 17-A. A lawyer may associate with one or more law firms or sole proprietorship law firms without the legal requirements of an employment relationship being present, to provide services and participate in the results, as provided for in the General Regulation and Provisions of the Federal Council of the OAB.”
“Art. 17-B. The association referred to in Art. 17-A of this Law will be made through the execution of its own contract, which may be general or limited to a specific case or work and must be registered with the Sectional Council of the OAB in whose territorial base the law firm is headquartered that takes part in it.
Sole paragraph. In the association contract, the partner or associate lawyer and the firm will agree on the conditions for performing legal activities and will freely stipulate the criteria for sharing the resulting outcomes, and the contract must contain at least:
I – qualification of the parties, with express reference to the registration with the competent Sectional Council of the OAB;
II – specification and delimitation of the service to be provided;
III – form of sharing risks and revenues between the parties, prohibiting the assignment of all risks or revenues exclusively to one of them;
IV – responsibility for providing material conditions and bearing the necessary expenses for the execution of services;
V – duration of the contract.”
The progress for legal professionals is evident, providing new opportunities for growth and career diversification.
Importance of Mentoring and Coaching in Professional Development and Career Planning
To guide and support lawyers and legal consultants in this complexity and in their career decision-making, mentoring and coaching services, such as those offered by Brain U Coaching (BUC), play a crucial role.
BUC uses, in addition to the know-how of mentors and market leader support, advanced and multicultural support tools such as SWOT analysis (Strengths, Weaknesses, Opportunities, Threats) – and behavioral profile tests, as well as techniques for developing an assertive career plan (Business Plan – Career Guidance), to help professionals assess their market positions, identify growth opportunities, manage potential threats, and maximize their strengths, always focusing on achieving goals within a pre-established and routinely reviewed timeline.
This strategic approach facilitates more assertive decisions in career management and professional decision-making, especially in a constantly changing regulatory and market scenario, such the one in Brazil.
How Did Brain U Coaching Facilitate Strategic Decisions? Some Examples:
A notable and recent example involved a senior lawyer from Rio de Janeiro, who, after participating in an individual coaching program focused on improving time management and assertive decision-making, chose to continue with our team within a Business Plan mentoring program. He achieved his desired outcome, which initially seemed like a distant and sometimes confusing idea. Using strategic SWOT analysis, the lawyer was able to balance his practice in different law firms and expand his activities as an external legal consultant in another, now nationally recognized, firm. This strategic approach allowed him to identify specific opportunities in the local and national legal market, as well as mitigate potential challenges, ensuring a smooth and ethical transition to his new consulting role.
Another inspiring example is that of an experienced lawyer from São Paulo who moved to Belo Horizonte to join a new law firm. With the support of Brain U Coaching, she used SWOT analysis and other assessments to highlight her skills and adapt her strategic plan to the new market. This mentoring and coaching not only facilitated her successful integration into the new firm, but also allowed her to continue providing legal consultancy for her former firm in São Paulo. As a result, she expanded her practice to another region, developed her professional network and skills, and faced challenges with greater confidence. This case exemplifies how mentoring and coaching can facilitate successful professional transitions, helping to achieve professional goals with ethics and efficiency.
Conclusion
The possibility of simultaneous association with different forms of law firms, combined with acting as a legal consultant under the new legal provisions, offers lawyers significant opportunities for professional growth and diversification.
It is essential that these practices are conducted with integrity and ethical responsibility, always respecting the regulatory norms established by the Brazilian Bar Association (OAB).
The support of mentoring and coaching programs, such as those offered by Brain U Coaching, plays a fundamental role in guiding and ensuring the success of modern legal professionals. We now invite you to explore our services, such as training and online courses, to assist you in your professional development journey, with greater clarity in your decision-making. Now… Let’s thrive together!?
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Authored by Fernanda C. Alem Freitas; article originally published on LinkedIn in Portuguese, and the original legislation mentioned here may be accessed /dowloaded directly through the Portuguese version of this article. Names of clients have been preserved. Language: freestyle translation courtesy of Author.
