Can I Pay a Lawyer in Brazil Only Based on Results?
A common question prospective clients ask is whether they can hire a Brazilian lawyer on a contingency basis, paying solely if they win their case. While this arrangement is available in certain jurisdictions abroad, the reality in Brazil is quite different. Pure result-based agreements are rare, often unadvised, and in some scenarios forbidden by local bar associations. If you are considering legal representation for lawsuits and disputes in Brazil, here are a few points to bear in mind.
Reviewed by Luciano Oliveira, Esq., LL.M — licensed in Brazil, Texas, and California. Last reviewed July 2026.
This page is general information about litigation and dispute resolution in Brazil. It is not legal advice, and reading it does not create a lawyer-client relationship. Every dispute is different, and only a formal consultation with a lawyer licensed in Brazil, reviewing your specific facts, can tell you how the law applies to your situation.
In short: neither our firm nor most reputable law firms in Brazil take litigation on a contingency-only, “pay only if you win” basis. Brazilian professional rules and practice steer serious representation toward an agreed or hybrid fee — and a lawyer who promises to work purely on results is more often a warning sign than a bargain.
Why Pure Contingency Fees Are Uncommon
Lawsuits in Brazil tend to take much longer than in some other countries, such as the United States. The unpredictable nature of judicial proceedings, combined with possible appeals and delays, can mean a single case could remain active for several years before a final judgment is issued. As a result, attorneys are often reluctant to work purely on a success-fee basis. If they do, they typically only do so for exceptionally high-value disputes, where the final payout might justify the long-term investment of time and resources.
Another factor is the reliability of legal outcomes. Because court systems in Brazil can vary in their speed and rulings across different states, a lawyer taking on a pure contingency case assumes substantial risk. Even when an attorney believes in the merits of your claim, the extended duration and complex nature of local court procedures can make a simple result-based fee arrangement unsustainable.
Case Costs Still Need to Be Paid
No matter which fee setup you negotiate, certain expenses inevitably fall on the client. These costs typically include court filing fees, which are calculated as a percentage of the amount being claimed. Clients are also responsible for any fees owed to the opposing counsel if they lose—commonly referred to as “honorários de sucumbência”—which can reach up to 20% of the total claim amount.
For instance, if you lose a claim valued at USD 100,000, the judge may require you to compensate the winning party’s attorney. On top of that, you also need to pay for the legalization and sworn translation of foreign documents, if applicable. Hence, even if you were to convince a lawyer to work on a pure contingency basis, you would still need to budget for these direct expenses.
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Types of Cases That May (or May Not) Fit
In some scenarios—such as large probate disputes, where a significant inheritance is at stake—a partially result-based fee might be an option. If there is a substantial estate, attorneys can sometimes justify waiting until the probate is settled to collect a larger percentage of the final distribution. By contrast, if you need defense in a lawsuit or a criminal proceeding, it becomes unclear how to calculate a percentage when there may be no monetary “prize” at the end. Additionally, many state bar associations in Brazil either prohibit pure contingency fees or impose specific rules about minimum fixed fees and maximum percentages, aiming to prevent unethical practices and conflicts of interest.
A More Common Hybrid Arrangement
Given these constraints, many Brazilian lawyers prefer a mixed fee setup. This could involve a modest retainer paid at the outset, with a larger performance-based amount to be collected only if you win or reach a favorable settlement. For protracted disputes that drag on for multiple years, some attorneys may also suggest a small annual fee to cover ongoing administrative tasks and court appearances. This hybrid approach ensures the lawyer remains dedicated to your case while also respecting local ethical guidelines and balancing financial risks for both sides.
By understanding these nuances, you can avoid unrealistic expectations and make informed decisions about how to structure legal representation in Brazil. Above all, remember that even if a contingency fee seems attractive at first glance, you will still be responsible for ancillary costs like filing fees, potential adverse attorney fees, and document legalization.
Related litigation guides
Fees are one piece of the decision — these cover the rest:
- How much a lawsuit costs in Brazil
- How lawsuits work in Brazil
- The risks of filing
- Your chances of recovering losses
- Should you negotiate or sue?
- Business & commercial litigation
- Litigation & dispute resolution hub
Frequently asked questions
Can I hire a Brazilian lawyer with no money upfront, paying only if I win?
Almost never for serious litigation. Pure contingency is rare, sometimes restricted, and most reputable firms – ours included – do not offer it. Expect an agreed or hybrid fee, plus the case costs.
Why don’t reputable firms in Brazil work purely on contingency?
Professional rules and practice, plus the simple fact that court costs and expenses must be paid as the case runs regardless of the outcome. A promise to work only on results is often a red flag.
How do foreign clients usually pay for a lawsuit in Brazil?
Typically an agreed fee, sometimes with a success component (a hybrid), on top of the case costs. See how much a lawsuit costs for the full picture.