Law Firm Advertising in Brazil: What Lawyers May and May Not Advertise

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

Brazilian lawyers may promote their legal services, but strict limits separate legitimate information from improper solicitation of clients. Understanding where that line falls helps you recognize serious advertising and be wary of promises that the legal profession itself forbids.

What the law allows and what it prohibits in legal advertising

Practicing law is not an ordinary commercial activity, so advertising by lawyers follows its own rules. The Statute of the Legal Profession, Law 8.906 of 1994, provides that a lawyer may advertise his or her services as long as the advertising is discreet and not commercial in nature. The rule rests on a simple premise: a lawyer provides a service of public interest, and the public’s trust should not be won through emotional appeals or aggressive marketing.

The details of these rules are found in the Code of Ethics and Discipline and in Provimento 205 of 2021, issued by the Federal Council of the Brazilian Bar Association. Together, these rules define what counts as acceptable informational advertising and what amounts to the commercialization of the profession. The reasoning is that the public has a right to know who lawyers are and which areas they work in, but that right does not permit the sales tactics typical of retail.

In practice, promoting your services does not mean selling at any cost. It means providing information in a sober, measured way, so that people can make an informed choice without being pushed into hiring a lawyer by fear, manufactured urgency, or unrealistic expectations about the outcome.

The difference between informing and soliciting clients

The central point of all this regulation is the distinction between informing and soliciting. Informing means making objective facts available to the public: the name of the firm, its practice areas, the lawyers’ academic credentials, articles on legal topics, and general guidance. All of this broadens access to justice and is welcome.

Soliciting clients, on the other hand, means enticing a person, artificially stirring up a desire to sue, or promising advantages in order to close a contract. Solicitation occurs when an ad stops informing and starts seducing, turning a genuine legal need into the target of a persistent sales approach.

This line is not always obvious to outsiders. A text that explains the requirements for a social security benefit, for example, is legitimate information. A message that guarantees the benefit will be granted and pressures the reader to respond right away crosses the line and enters prohibited territory.

The Statute of the Legal Profession, Law 8.906 of 1994, provides that a lawyer may advertise his or her services as long as the advertising is discreet and not commercial in nature.

Signs of advertising that follows the rules

Several features suggest that an ad meets ethical standards. The content is usually educational, aimed at answering questions and explaining rights, without promising certain gains. The language is restrained, with no superlatives, no disparaging comparisons with other lawyers, and no wording that suggests absolute superiority.

Proper advertising also respects people’s confidentiality and dignity. It does not expose real client cases, does not tout the amounts won in successful cases as if they were prizes, and does not treat legal work as a business with guaranteed results. The focus stays on useful information, not on turning the reader into a client as quickly as possible.

Another positive sign is the absence of commercialization. Ads that resemble product marketing, with discounts, limited-time promotions, or flash-sale language, go against the nature of the legal profession. The seriousness of the medium and the restraint of the content are good gauges for you to use.

It is also worth noting how a lawyer presents himself or herself. Mentioning academic degrees and areas of specialization is allowed when they are true and can be verified. What is prohibited is inventing qualifications or using terms that hint at a guarantee of success, because no serious lawyer promises the outcome of a lawsuit.

Prohibited practices you should recognize

Certain conduct is expressly forbidden and should serve as a warning. One of the most serious is offering services through unsolicited mass messages sent to people in vulnerable situations. Approaching the victim of an accident, an insured person who has just had a benefit denied, or a grieving family to offer a lawsuit is improper solicitation.

The use of intermediaries, known as agenciadores (people who are paid to bring in clients), is also prohibited. Likewise, advertising may not promise results, mention fees as a promotional draw, or use the image of public authorities or wording that could make the ad look like it comes from a government agency.

Sensationalist advertising, which exploits other people’s suffering or creates panic in order to sell a solution, is out of bounds. When an ad insists that you will lose a right unless you hire a lawyer right then, that is a strong sign of an abusive practice, because real urgency must be assessed case by case, not imposed as a sales trigger.

An attentive person will notice these signs. A promise of guaranteed victory, pressure to decide on the spot, contact from someone who is not the lawyer personally, and the language of commercial advertising are all hallmarks of the kind of promotion that the legal profession itself rejects.

Why these limits protect the people who hire lawyers

The restrictions on legal advertising do not exist to make it harder for the public to reach lawyers. They exist to protect the very people who are looking for help. By preventing false promises and predatory approaches, the rules reduce the risk that you will hire a lawyer based on unrealistic expectations and then be disappointed by how the case turns out.

These limits also preserve fairness among lawyers. Without aggressive advertising, a client’s choice tends to rest on competence and trust, not on the volume of ads or the emotional pull of a campaign. That strengthens the relationship of trust that is the foundation of legal work.

For the public, the practical lesson is straightforward. Content that explains, guides, and respects the reader’s intelligence deserves your attention. A message that promises the impossible, applies pressure, and treats the law as a commodity should be viewed with caution, because it violates the rules that govern the profession and often signals a provider with little commitment to ethics.

Frequently Asked Questions

Can a lawyer advertise his or her services on the internet?

Yes. Advertising is allowed on websites, social media, and other channels, as long as it is restrained and aimed at informing the public. A lawyer may present his or her practice areas and credentials and produce educational content on legal topics. What the rules prohibit is commercial-style advertising, with promises of results, sales-style language, and aggressive solicitation of clients in vulnerable situations.

How can I tell whether a legal ad breaks the rules?

Several signs help you spot abuses. A promise of guaranteed victory, pressure to hire immediately, contact through unsolicited messages, and the language of commercial promotions are clear signs of a violation. Legitimate advertising informs and clarifies, without promising certain gains and without exploiting your suffering or your sense of urgency to close the contract.

Is a lawyer forbidden from saying how much he or she charges?

Advertising fees as a promotional draw, in the form of a discount or special offer, is prohibited because it commercializes the profession. Setting the fee is a matter between lawyer and client, and it should be handled privately, according to the complexity of each case. Ads that use a low price as bait go against the ethical rules of the legal profession.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.