Foreign companies can hire a lawyer in Brazil without opening a local office or sending their directors to the country.
Contracts, debt collection, company formation, employment matters and commercial disputes can generally be coordinated remotely through video meetings, electronic documents and written legal reports.
Formal representation may require a power of attorney and documents proving the foreign company’s legal existence and the authority of its representatives.
Verify the lawyer’s Brazilian registration
Legal representation and legal consultancy in Brazil must be performed by lawyers authorized to practise under the Brazilian Bar Act.
Before hiring counsel, the foreign company should confirm the lawyer’s:
- full name;
- OAB registration number;
- state section;
- current registration status;
- professional contact information.
The Brazilian Bar Association’s National Registry of Lawyers allows companies to search lawyers by name, registration number and state section.
Explain the legal matter clearly
The initial contact should identify:
- the company requesting assistance;
- the country where it is incorporated;
- the Brazilian person or company involved;
- the nature of the legal issue;
- relevant amounts;
- contractual deadlines;
- court or administrative deadlines;
- documents currently available;
- the result the company intends to achieve.
A complete description helps the lawyer perform a conflict check, identify urgent measures and define the appropriate scope of work.
Send the relevant documents
Depending on the matter, the lawyer may request:
- certificate of incorporation;
- articles or bylaws;
- identification of directors;
- corporate resolutions;
- contracts;
- invoices;
- purchase orders;
- proof of delivery;
- emails and messages;
- judicial or administrative notices;
- information about the Brazilian counterparty.
Documents should be sent through a secure channel, particularly when they contain commercial, financial or personal information.
Request a written engagement proposal
Before work begins, the parties should define the legal service in writing.
The engagement proposal or agreement should state:
- scope of work;
- responsible lawyer;
- included and excluded services;
- fee structure;
- payment conditions;
- estimated expenses;
- reporting method;
- responsibilities of the client;
- termination conditions.
Fees may be structured as a fixed amount, hourly billing, a monthly advisory fee or a combination that includes a success-based component when professionally permitted.
The proposal should distinguish legal fees from court costs, registry fees, sworn translations, apostilles, experts and other third-party expenses.
Issue a power of attorney
A power of attorney authorizes the Brazilian lawyer to act on behalf of the foreign company.
Article 5 of the Brazilian Bar Act provides that lawyers act judicially or extrajudicially by proving the existence of the mandate.
For court proceedings, Article 105 of the Brazilian Code of Civil Procedure establishes the general procedural powers granted to counsel and identifies acts that require express authorization, such as settling, receiving service of process, waiving rights or receiving payment.
The power of attorney should therefore be prepared according to the specific service rather than copied from a generic form.
Foreign document formalities
A foreign company may need to prove that the person signing the power of attorney is authorized to represent it.
This may require:
- certificate of incorporation;
- current corporate records;
- articles or bylaws;
- board or shareholder resolution;
- identification of the authorized signatory.
Documents issued in a country participating in the Hague Apostille Convention may generally be apostilled by the competent authority in that country.
The Brazilian National Council of Justice explains that documents apostilled abroad may be presented in Brazil, although additional formalities, including translation into Portuguese, may still be required.
Documents from countries outside the Convention may require consular legalization or another applicable authentication procedure.
The lawyer should confirm the exact requirements before the company pays for notarization, apostilles or translations.
Can the engagement be completed electronically?
The engagement agreement, initial document review and most communications may generally be completed remotely.
The company may:
- hold meetings by videoconference;
- send documents electronically;
- sign engagement documents through an electronic platform;
- receive legal reports in English;
- approve negotiations remotely;
- monitor proceedings online.
Specific courts, registries, banks or public authorities may require additional formalities for particular documents.
How should a foreign company evaluate Brazilian counsel?
The company should consider whether the lawyer:
- understands the relevant area of Brazilian law;
- communicates clearly in English;
- provides a defined scope and fee proposal;
- identifies documents and deadlines objectively;
- explains risks without guaranteeing results;
- can work with foreign lawyers and internal departments;
- provides written updates;
- uses secure communication and document procedures.
For a commercial dispute, the company should verify experience with litigation and enforcement. For incorporation, it should evaluate corporate-law experience and coordination with accountants. For employment matters, it should confirm experience advising employers.
Working with the company’s foreign lawyers
Brazilian counsel does not necessarily replace the company’s existing international legal advisers.
Local counsel may:
- explain Brazilian law;
- adapt international contracts;
- represent the company before Brazilian courts;
- communicate with local counterparties;
- prepare powers of attorney;
- review corporate and employment documents;
- report developments to foreign counsel.
This structure is commonly described as engaging local counsel in Brazil.
Legal services that can be handled remotely
Foreign companies may remotely hire Brazilian counsel for:
- commercial contract drafting and review;
- company formation;
- debt collection;
- employment advice;
- supplier due diligence;
- corporate representation;
- litigation;
- ongoing legal support.
The need to travel depends on the procedure, evidence and any personal attendance required by a court or authority.
Hiring Willian Nunes Advogados from abroad
Willian Nunes Advogados assists foreign companies and entrepreneurs with contracts, company formation, debt recovery, employment matters and commercial disputes in Brazil.
The firm may act on a specific project or provide ongoing local legal support in coordination with the company’s executives, accountants and foreign counsel.
Initial meetings and document analysis may be conducted remotely in Portuguese or English.
Companies may describe the matter and submit the available documents through the contact page of Willian Nunes Advogados.
Each engagement requires an individual assessment of the facts, documents, deadlines, potential conflicts and applicable Brazilian law.
Frequently asked questions
Must the foreign company open a Brazilian subsidiary?
No. A subsidiary is not generally required merely to hire Brazilian legal counsel.
Does the company need to travel to Brazil?
Many advisory and litigation services can be coordinated remotely. Personal attendance may be required in specific proceedings.
Must the power of attorney be apostilled?
The required formalities depend on where the document was signed, its intended use and the authority receiving it.
Can fees be paid from abroad?
International payment arrangements may be defined in the engagement agreement, subject to banking, tax and foreign-exchange procedures.
Can the Brazilian lawyer communicate directly with foreign counsel?
Yes. Brazilian counsel may coordinate strategy, documents and reporting with the company’s lawyers in another jurisdiction.
