Can I Replace the Attorney in an Inheritance Probate in Brazil for Being Too Slow?
Clients often wonder if they have the right to change attorneys when inheritance proceedings seem to drag on. Under Brazilian law and the guidelines of the Ordem dos Advogados do Brasil (OAB), your legal representation is a personal choice, which means you have broad freedom (sometimes referred to as the “Soberan” right) to select or dismiss counsel. You do not need a specific reason to do this. There are attorneys who handle probate cases more efficiently than others, so some people prefer to switch after facing delays.
Choice of Counsel
The decision to work with a lawyer in Brazil, especially for inheritance disputes, is highly personal. There is no formal requirement to prove negligence or wrongdoing to replace your attorney. Some clients keep the same lawyer out of loyalty, but others look for fresh expertise after a few months of little progress. The law allows you to pick someone you trust at any stage of the lawsuit.
Why Probate Can Take So Long
Inheritance proceedings, known as “inventário,” often move slowly in Brazil. Courts usually expect multiple parties to respond to notices or file documents, and the lack of formal discovery devices leads to extra back-and-forth. This alone can push a probate beyond a year or two. In many cases, an administrative probate would speed things up, but it may not be an option if there are complex disputes. Regular proceedings can run for years, and particularly complicated cases can extend for a decade or longer. Most families are surprised by how long the process lasts, given what they perceive as excessive bureaucracy and repeated requests from the courts.
Foreign Citizen’s Perspective
People living abroad face even more uncertainty. Distance fuels mistrust, especially when updates are scarce. Some attorneys working alone or in smaller firms may not prioritize regular communication, which leaves foreign clients anxious. The frustration can be mutual, though. Lawyers sometimes sense a lack of confidence from their distant clients, which makes them reluctant to share information. That dynamic can become toxic if not addressed.
Still, there are moments when it is clear that you and your attorney are simply a bad match. If you truly believe your probate lawyer is too slow or not taking the proper steps to protect your interests, it might be wise to find legal representation better suited to your expectations. There are many skilled lawyers in Brazil who specialize in inheritance disputes and lawsuits, so switching counsel can make sense if you have lost trust in the current partnership.
Doing It for the Right Reasons
Although you have the right to change attorneys at any time, consider whether the delay stems from the lawyer’s lack of action or the inherent complexities of Brazilian probate. The system is far from perfect. Hearings get rescheduled, courts deal with heavy caseloads, and interested parties often cause extra rounds of paperwork. Even a diligent attorney may not speed up the process by much.
If you do want to proceed with a new lawyer, it is a straightforward process. You can revoke the previous power of attorney and issue a new one. The outgoing attorney may be entitled to fees for services rendered so far, and you will likely sign a termination letter to formalize the change. There is no penalty for seeking fresh representation, but it is wise to communicate openly with your new counsel to prevent misunderstandings.
Clients facing inheritance lawsuits in Brazil want reassurance and efficiency. It is important to know that while Brazilian probate does take time, you should not feel trapped in a professional relationship that no longer serves you. Choosing the right attorney can make a difference in your peace of mind, especially when dealing with disputes, slow-moving courts, and cross-border concerns. Every family has unique needs and deserves an approach that addresses their priorities. If the partnership fails to meet those needs, seeking a better fit is a legitimate step.
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