Brazil Counsel

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Brazilian Lawyers Practicing Without Borders

Lawyers in Brazil can practice law across state lines with minimal restrictions. For the most part, they can represent clients nationwide under a single registration with the Brazilian Bar Association (OAB or Ordem dos Advogados do Brasil). In contrast, attorneys in the US must obtain separate licenses for each state where they practice law. Although some states offer reciprocity, most require passing the state’s bar exam to become licensed. 

For litigation, Brazilian lawyers must register their primary license with the OAB in the state where their main office is located. If they handle more than five lawsuits per year in another state, they must apply for a supplemental license from that state’s OAB. Failure to comply with this requirement can result in fines or suspension. This rule ensures that local OAB branches maintain proper oversight of the practice of law within their jurisdicitons.

Advisory and transactional work in Brazil doesn’t require additional state licenses. Lawyers can provide these services across state lines without the administrative hurdles commonly faced by US attorneys. Even non-litigation legal work in the US typically requires separate licenses, making it more challenging to advise on transactions governed by laws of other states.

The licensing systems in Brazil and the US reflect key differences in their legal frameworks. US lawyers must be licensed in each state where they work due to state-specific laws, whereas Brazil’s more uniform legal system allows for nationwide practice with fewer restrictions. These distinctions shape how lawyers in both countries serve their clients.