Brazilian Bar Association partially approves use of marketing by law firms and attorneys

RIO DE JANEIRO, BRAZIL – The Federal Council of the Brazilian Bar Association (OAB), on Thursday, June 17, approved some limited use of marketing by law firms and attorneys. The measure is part of a proposal to remodel advertising rules for the legal profession. It focuses mainly on what may be done in terms of digital media.

The 81 councilors that make up the full Council began to evaluate the approval of a 12-article provision with a single annex on advertising in the legal profession.

The session – tense and driven by much dispute – lasted the whole day and was not enough to finalize the debates. Councilors agreed only on two articles.

The first, already approved, establishes that “legal marketing is allowed, provided it is done in a manner compatible with ethical precepts and in compliance with limitations imposed by the Statute of the Practice of Law, the General Regulation, and the Code of Ethics and Discipline.” The 2nd paragraph establishes some concepts – such as marketing and publicity.

The concept of legal marketing is defined as: “Marketing specialization intended for professionals in the legal area, consisting of the use of planned strategies to reach business goals in the legal field.” The details of its practical application will hinge on what’s left of the text still to be approved.

However, councilors have already decided that they will continue to ban the use of marketing to attract clients by soliciting the contracting of legal services and encouraging litigation. The text under discussion states that “professional advertising should be serious, discreet, and informative.”

For rapporteur Sandra Krieger, including in the text expressions that were previously demonized, such as “legal marketing”, was great progress. “It is progress, it is taking the OAB to the practice of law in these new times.”

Sandra is in favor of law firms being able to have a social media profile and publish photos and videos of their attorneys’ professional activities – including during hearings and oral arguments in judicial and administrative proceedings.

She also considers it possible to use post boosting – paying for publications to be more prominent in internet search results and to be seen by a larger number of social network users.

A number of councilors suggested that the issue be discussed again at the next session, scheduled for June 28, but this has not yet been confirmed.

The proposal being voted on changes OAB Provision 94, issued in 2000, which establishes the current norms for marketing and advertising. The text makes no mention of the Internet, and for this reason, it has sparked doubts and different interpretations among the OAB’s sections around the country.

Source: Valor