Lawyer Fees Calculator (Brazil)

Brazilian lawyer fees — how they work

There are two main categories in Brazilian practice. Loss-of-suit fees (honorários sucumbenciais, CPC 2015 art. 85) are paid by the losing party to the winner's attorney, set by the judge between 10% and 20% of the award or economic benefit. The percentage follows a regressive scale by case value (in minimum wages): up to 200 SM → 10–20%; 200–2,000 SM → 8–10%; 2,000–20,000 SM → 5–8%; 20,000–100,000 SM → 3–5%; above → 1–3%. Contractual fees (honorários contratuais) are freely negotiated; OAB publishes a recommended fee table per state seccional (e.g. civil initial action ~20% on cause value, repetitive actions ~10%). Pro labore minimum, under OAB Provision 162/2015, is 2/3 of the tabled value.

Example: case value R$ 50,000 with 20% fees → R$ 10,000 gross. With 5% ISS withheld and 1.5% IR withheld at source, the net to the lawyer is R$ 9,350.

Brazilian context

Labour cases reintroduced sucumbência with the 2017 Reform (Law 13,467/2017): fees of 5%–15% on the amount recovered. Tax foreclosures (Law 6,830/1980) follow the same CPC scale. Loss-of-suit fees belong to the lawyer (art. 23 EAOAB) and have alimentary nature (STF, RE 470.407).

FAQ

Can the parties be charged sucumbenciais by their own lawyer? No — they are owed by the losing party. The lawyer's own client pays only contractual fees.

Does ISS apply on attorney fees? Yes — it is a municipal service tax, typically 2%–5% depending on the city.

Is IR withheld? When the payer is a legal entity, 1.5% IRRF is withheld at source (RIR/2018 art. 714); the lawyer offsets it in the annual return.

What if there is reciprocal loss? Each party bears its own fees proportionally (CPC art. 86), and offsetting between attorneys is forbidden after the 2015 CPC.