We’ve written about fake lawyers before and the need to confirm with the Brazilian Bar Association (OAB) if someone is a registered lawyer in Brazil. But this time we’re tackling something slightly different - the unauthorized practice of law. While this also happens in the United States, it’s far more prevalent in Brazil.

If your toilet breaks, would you ask an accountant to fix it? Of course not. So why would you ask an accountant or realtor to draft a contract for you? Sure, it may be less expensive or perhaps they’re quick to do the work. But that’s not what they do. Lawyers spend years learning and training to do legal work. That’s their job.

Far too often non-legal professionals are drafting contracts for clients. In Florida, for example, a person who practices law without a license to do so commits a felony. Brazil similarly prohibits the unauthorized practice of law. Law 8.906 renders any legal act taken by a non-lawyer null in addition to exposing the offending party to civil, criminal, and administrative penalties.

The easiest way to prevent this from happening is for clients to stop asking for it and accepting it. There’s no such thing as “just a simple contract” or “just a copy and paste exercise.” Contracts have real legal significance no matter their complexity. If not carefully drafted, they can result in adverse consequences.

Protect yourself by seeking out a Brazilian lawyer or Brazilian law firm to draft your contracts. After all, that’s what they do.