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Lawyer - Attorneys App Lawyers
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From the Latin word honos (honor), honoraria refer to conduct or honors.
At the present time, the term is used as remuneration for services rendered.
That is to say, they are the values received by "honorable work".
In the area of advocacy, only with the Code of Justinian (published between 529 and 534), or Corpus Juris Civilis, was established the legitimacy of fee collection.
However, with legitimacy, requirements and conditions are also established.
In the Brazilian legal system, legal fees are provided for in article 22 of the Law and Law OAB (Law No.
8.906 / 94).
And in 2018, two new paragraphs were added to the article.
Types of fees
The caput of article 22 of the Statute of the Law and of the OAB presents 3 types of modalities of attorneys' fees.
Is the legal fees can be:
[] Contractual Fees
[] Sucumbencial fees
[] Arbitrated Fees
[] Assistance fees
1.
Contractual fees
As a rule, legal fees are stipulated in the contract signed with the client.
Thus, it establishes the value by which it will be remunerated for acting in the demand, although it is not limited to the judicial process.
2.
Sucumbencial fees
It occurs that the legislation provides for another kind of legal fees related to the loss of the process.
They are, therefore, called sucumbencial fees.
3.
Arbitrated Fees
The legal fees arbitrated, as envisaged, are foreseen in both Article 22 and Article 23 of the Statute of Advocacy.
They are so named because they are stipulated in court.
However, they are not succumbencial, since they are not derived from the succumbency in the process.
It is up to the judge to fix the amount owed, according to the remuneration compatible with the work and the economic value of the matter, in compliance with the OAB tables.
4.
Assistance fees
Another modification introduced by Law 13,725 of 2018 is the forecast of the assistance fees.
Thus, paragraph 6 of article 22 of Law 8.906 / 94 on fees fixed in collective actions proposed by class entities in procedural substitution.
Its purpose is to provide accessibility to the Tables of Fees of all the States of Brazil:
Acre (AC) - Rio Branco
Alagoas (AL) - Macei
Amap (AP) - Macap
Amazonas (AM) - Manaus
Bahia (BA) - Salvador
Cear (CE) - Fortaleza
Distrito Federal (DF) - Brasilia
Holy Spirit (ES) - Vitoria
Gois (GO) - Goinia
Maranh
===========================================
From the Latin word honos (honor), honoraria refer to conduct or honors.
At the present time, the term is used as remuneration for services rendered.
That is to say, they are the values received by "honorable work".
In the area of advocacy, only with the Code of Justinian (published between 529 and 534), or Corpus Juris Civilis, was established the legitimacy of fee collection.
However, with legitimacy, requirements and conditions are also established.
In the Brazilian legal system, legal fees are provided for in article 22 of the Law and Law OAB (Law No.
8.906 / 94).
And in 2018, two new paragraphs were added to the article.
Types of fees
The caput of article 22 of the Statute of the Law and of the OAB presents 3 types of modalities of attorneys' fees.
Is the legal fees can be:
[] Contractual Fees
[] Sucumbencial fees
[] Arbitrated Fees
[] Assistance fees
1.
Contractual fees
As a rule, legal fees are stipulated in the contract signed with the client.
Thus, it establishes the value by which it will be remunerated for acting in the demand, although it is not limited to the judicial process.
2.
Sucumbencial fees
It occurs that the legislation provides for another kind of legal fees related to the loss of the process.
They are, therefore, called sucumbencial fees.
3.
Arbitrated Fees
The legal fees arbitrated, as envisaged, are foreseen in both Article 22 and Article 23 of the Statute of Advocacy.
They are so named because they are stipulated in court.
However, they are not succumbencial, since they are not derived from the succumbency in the process.
It is up to the judge to fix the amount owed, according to the remuneration compatible with the work and the economic value of the matter, in compliance with the OAB tables.
4.
Assistance fees
Another modification introduced by Law 13,725 of 2018 is the forecast of the assistance fees.
Thus, paragraph 6 of article 22 of Law 8.906 / 94 on fees fixed in collective actions proposed by class entities in procedural substitution.
Its purpose is to provide accessibility to the Tables of Fees of all the States of Brazil:
Acre (AC) - Rio Branco
Alagoas (AL) - Macei
Amap (AP) - Macap
Amazonas (AM) - Manaus
Bahia (BA) - Salvador
Cear (CE) - Fortaleza
Distrito Federal (DF) - Brasilia
Holy Spirit (ES) - Vitoria
Gois (GO) - Goinia
Maranh
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