How to find a labor lawyer in Brazil: free, contingency, court-appointed or private

*There are at least seven ways to get a lawyer for a labor case: union assistance, the Public Defender's Office, law school legal clinics, a court-appointed lawyer (advogado dativo), pro bono work, a private lawyer on contingency fees and a private lawyer on fixed fees. You can also start without a lawyer, through jus postulandi*.

Quick summary

• Free for the worker: union, Public Defender's Office (where it acts), legal clinic, court-appointed lawyer and pro bono.
• Paid: a private lawyer, with fixed fees, contingency fees (a percentage of what you receive) or mixed.
• Without a lawyer: jus postulandi lets you act on your own in the first-instance Labor Court and the TRT (Regional Labor Court).
• Before hiring, check the lawyer's registration in the OAB's National Lawyers Registry, which is public and free (the OAB is the Brazilian Bar Association).

The options side by side

• Union for your category — Cost: free or with assistance fees · For whom: workers in the category, union members or not, according to the bylaws · Basis: Law 5,584/1970, art. 14
• Public Defender's Office — Cost: free · For whom: those who prove they lack resources · Note: its role in the Labor Court is limited and varies by region
• Legal clinic (law schools) — Cost: free · For whom: low-income people · Note: students act under the supervision of lawyer-professors
• Court-appointed lawyer — Cost: free for the person assisted (the court pays) · For whom: those who cannot pay, when the Defender's Office cannot help · See the guide Court-appointed lawyer
• Pro bono work — Cost: free · For whom: people who cannot pay without harming their support · Basis: CFOAB Provision 166/2015
• Private, contingency — Cost: a percentage of the amount received at the end · For whom: anyone · Note: a written contract is essential
• Private, fixed fees — Cost: an agreed amount, paid in installments or per stage · For whom: anyone

How to choose

1. Start with free options: ask the union for your category whether it offers legal assistance and on what terms.
2. Check the deadline: the claim must be filed within 2 years of the end of the contract. If the deadline is close, don't wait for an answer from a single channel — contact several at the same time.
3. Compare proposals: if you are hiring, ask for a written proposal and compare percentages, expenses and what is included (appeals, enforcement).
4. Check registration: look up the name and OAB number in the National Lawyers Registry.
5. Sign a written contract stating the scope of the case, the fees and the payment method.

Warning signs

• Promises of a guaranteed result or a certain amount of compensation.
• Requests to sign a blank document or a power of attorney without a copy for you.
• Insistent approaches at the courthouse door, in hospitals or through unsolicited messages (soliciting clients is prohibited by the OAB Code of Ethics).
• Refusal to give the OAB number or to provide a contract.

Frequently asked questions

Is there a free labor lawyer?

Yes. Unions, legal clinics, pro bono lawyers, the Public Defender's Office (where it acts) and court-appointed lawyers can help at no cost to the worker.

How much does a labor lawyer charge?

It depends on the contract. Contingency fees, a percentage of what the worker receives, are common. Each OAB section publishes a reference fee table. See the guide Labor lawyer fees.

Do I need a lawyer to sue my employer?

It is not mandatory in the first-instance Labor Court or the TRT. To appeal to the TST (Superior Labor Court), yes (TST Precedent 425).

Can I change lawyers in the middle of the case?

Yes. You can revoke the power of attorney and appoint another lawyer, respecting what was agreed in the contract regarding fees.

How do I know whether a lawyer is registered?

Through the National Lawyers Registry (cna.oab.org.br), using the name or registration number.

Read more in this series

• Court-appointed lawyer: what it is, who is entitled and how to request one
• Pro bono lawyer: what it is, who can get one and where to find one
• Labor lawyer fees: contingency, contract and loser-pays
• Jus postulandi: how to sue without a lawyer
• Index: complete guide to labor rights