COMPENSATION TABLE FULL ATTORNEYS
(Adopted at the meeting of E. Sectional Council of 21.3.2005)
Approved the update at the Council meeting of 22 February 2010.
Changed the item "Extrajudicial Law". Approved at 2282ª Ordinary Session of the OABSP the Council of 19 March 2007, by majority vote, the inclusion of the item "INVENTORY, SEPARATION AND DIVORCE CONSENSUS" to adjust the remuneration of professional services before the terms of Law No. 11.44107, with wording offered by the Study Committee on Attorneys' Fees.
general rules
1 – The lawyer should engage in writing the provision of professional services by setting the fees, adjustment and payment terms, including in the case of agreement, and observing the minimum values given in Table (Article 41 of the Code of Ethics and discipline of OAB).
a) If no restatement forecast for payment of attorneys' fees, with or without a written contract, the index to be considered for the installment of the event will be the same provided for in item 9 below, calculating, in this case, the aforementioned adjustment, from the expiration of the contracted installments.
b) The same system should be adopted in case of default, even if care single installment to be paid.
2 – The form and terms of payment of costs and charges, judicial and extrajudicial, shall integrate the contract.
3 – All expenses, judicial or extrajudicial, and mobility, food, lodging, travel, transportation, certificates, copies and auxiliary driving shall be borne by the client, to which the lawyer should make accountability.
4 – Except if otherwise stipulated, one-third of the fee is due at the beginning of the work, another third to the decision of the first degree and the rest in the end, these values will be adjusted for inflation.
5 – The fees of defeat belong to the lawyer and do not exclude contractors.
6 – substabelecido lawyer should adjust their remuneration with the delegating party.
7 – Article 36 of the Ethics and Discipline Code provides that the professional fees shall be fixed in moderation, provided the following elements: a) the relevance, shape, complexity and difficulty of the issues covered; b) work and necessary; c) the possibility of getting the lawyer prevented from intervening in other cases, or if desavir with other customers or third parties; d) the amount of the claim, the client's economic condition and advantage to him resulting from professional service; e) the nature of the intervention, depending on whether the service customer loose, habitual or permanent; f) the place of supply of services, outside or not the lawyer's home; g) competence and professional reputation; h) the policy of the forum on similar work.
8 – The performance of the law is the means and not results. The fees will be due in case of success, or not, of the demand or of the subject outcome.
9 – This table of fees approved by the Board Sectional Sao Paulo's Bar Association will have its inflation adjusted amounts and disclosed annually, always from every day January 2, according to the annual variation of "practical table for inflation adjustment calculation of judicial debts ", prepared in accordance with the prevailing case law of the Court of Justice of São Paulo, accumulated in the period, or by another index that reflects the economic reality of inflation, the discretion of the Board Sectional Sao Paulo's Bar Association.
10 – Omissions of this table will be appreciated by the Professional Class of Ethics of OAB-SP (1st Class, TED I, ethics), in line item "d" of item III of § 3 of Article 136 of the Internal Regulations OAB-SP.
General part
1 – JURISDICTION OF SHARES Contentious OR ASSUME THIS CHARACTER:
Unless other provision of this, 20% of the economic value of the matter. Minimum, whether or not financial advantage, R $ 2,666.74.
2 – FEATURES:
expressly incorporated or substabelecido representative:
a) filing of any appeal, minimum R $ 1,333.38;
b) counter-arguments of any resource, minimum R $ 1,333.38;
c) preparation of memorials, minimum R $ 1,333.38;
d) oral arguments, minimum R $ 2,666.74;
e) simple resource tracking, minimum R $ 800.03.
NOTE: In the case of oral argument before the Court based in another city, minimum R $ 5,333.49, plus travel expenses.
3 – PROCEDURES FOR EXAMINATION IN GENERAL:
Minimum R $ 388.36.
4 – SERVICE IN AUDIENCE:
Minimum R $ 533.35.
5 – rogatory:
a) summons, subpoena, notice or interpellation, minimum R $ 647.27;
b) other purposes least R $ 906.18;
6 – PARTY OF ADVOCACY:
Without employment, monthly, minimum R $ 1,333.38;
Civil law. Special procedures
7 – PREVENTIVE MEASURES:
Minimum R $ 1,553.45.
8 – DISPOSAL OF MEETING:
As plaintiff's lawyer or defendant, 20% of the value of the corresponding rent to one year lease, minimum R $ 2,666.74;
9 – DUMPING IN RENTAL PAYMENT OF MISSING:
a) with live purgation – as plaintiff's attorney 10% of the amount of the debt;
b) as defendant's lawyer – 5% of the amount of the debt;
c) in any of the cases above, minimum R $ 933.36;
d) in the case of eviction for nonpayment (decreed), the same amount provided for the common share of eviction;
e) eviction action for nonpayment, combined with the collection of rentals – 15% of the amount of the claim, minimum R $ 1,333.38;
10 – REVIEW AND RENTAL ARBITRATION:
a) the lessor's advocate – 20% of the annual benefit obtained with the revised rent;
b) as a tenant lawyer – 20% of the difference between the rental annual value order and consequential to the judgment;
c) in any event, minimum R $ 2,666.74;
11 – lease renewal LEASE AGREEMENT:
a) coming – 20% of the annual value of the new rent;
b) unfounded, without compensation – 20% over the last year the rent;
c) rejected to resume, as lessor's lawyer – 10% of the total value of the final agreement;
d) founded, as lessor's advocate – 20% of the annual value of the lease (new rental);
e) minimum, in any case, R $ 2,666.74;
12 – possessory:
a) maintenance and repossession – 20% of the value of the litigious thing, least R $ 2,666.74;
b) prohibitory interdict – 10% of the value of the litigious thing, least R $ 2,666.74;
13 – DIVISION AND PRIVATE LAND DEMARCATION:
a) not disputed – 5% of the value of the share, as appropriate to the client;
b) contested – 10% over the same value;
c) in both cases, minimum R $ 2,666.74;
14 – AREA CORRECTION:
Applies the item 1 GENERAL PART of this Table. Minimum R $ 2,666.74;
15 – ADVERSE POSSESSION:
20% of the property value. Minimum R $ 2,666.74
16 – NEW JOB NUNCIAÇÃO:
Applies the item 1 GENERAL PART of this Table. Minimum R $ 2,666.74;
17 – THIRD embargoes, OPPOSITION AND ASSISTANCE:
Observe item 1 GENERAL PART of this Table. Minimum, in any case, R $ 2,666.74;
18 – EXPROPRIATION:
a) direct – 10% of the difference between supply and the final indemnity least R $ 3,236.34;
b) indirect – applies the item 1 GENERAL PART of this Table, minimum R $ 3,236.34;
19 – CONSIGNMENT IN PAYMENT, DEPOSIT, CANCELLATION AND TITLE REPLACEMENT BEARER, ACCOUNTABILITY:
a) extrajudicial consignment least R $ 647.27;
b) judicial consignment, deposit, cancellation and replacement papers bearer accountability – applies the item 1 GENERAL PART of this Table. Minimum R $ 2,666.74;
20 – small claims court:
Applies the item 1 GENERAL PART of this Table, minimum R $ 1,294.54;
21 – Concordat JUDICIAL RECOVERY AND BANKRUPTCY:
a) the debtor's lawyer – 2% to 6% of the privileged and unsecured liabilities, excluding defense in the criminal sphere, minimum R $ 4,530.87;
b) representation of the commissioner, administrator or liquidator – Committee provided for by law or determined in court, without prejudice to the provisions for customer credit qualification, minimum R $ 1,333.38;
c) credit qualification and follow-up – 10% of the credit amount, minimum R $ 647.27;
d) request for refund – 10% of the claimed anything, least R $ 1,333.38;
e) termination of obligations – 1% to 3% of the value of liabilities, including tax, minimum R $ 4,000.12;
22 – CIVIL INSOLVENCY:
a) applicant's lawyer – 10% of the credit amount, minimum R $ 1,941.80.
b) representation of the debtor – 1% to 3% of total liabilities, minimum R $ 1,333.38;
23 – WINDING UP AND SOCIETY SETTLEMENT:
a) 10% to 20% of the assets received by the client;
b) as a lawyer of the other partners or society – 10% of the amount actually paid to migrant partner;
c) in any event, minimum R $ 2,666.74.
d) as liquidator lawyer – 10% of the actually ascertained, minimum R $ 2,666.74.
24 – CONDOMINIUM EXTINCTION:
10% to 20% of the value of the share, minimum R $ 2,666.74.
25 – SAFETY WARRANT:
10% to 20% of the economic value of the matter. As Plaintiff lawyer and / or filed, minimum R $ 2,666.74.
26 – habeas data:
Minimum R $ 1,333.38.
27 – PUBLIC CIVIL ACTION:
Minimum R $ 2,666.74.
28 – WARRANT INJUNCTION:
Minimum R $ 1,333.38.
29 – ARBITRATION:
Apply the provisions of item 1 GENERAL PART of this Table, minimum R $ 2,666.74.
30 – REPLACEMENT PROCEDURE:
Applies the item 1 GENERAL PART of this Table, minimum R $ 1,294.54.
31 – CORRECTION OF REGISTRATION AND RECORDING:
Minimum R $ 1,333.38.
32 – REGISTRATION TORRENS:
a) as Registrant's lawyer, unopposed – half of item 1 GENERAL PART of this Table;
b) with opposition – applies item 1 GENERAL PART of this Table. Minimum R $ 1,333.38.
33 – ORGANIZATION OF FOUNDATIONS:
3% to 6% of the value of the asset for the institution, minimum R $ 2,666.74.
34 – SPECIAL COURTS CIVIL AND SOCIAL SECURITY:
Civil lawsuits and Social Security – applies the item 1 GENERAL PART of this Table, minimum R $ 800.03.
Family and Probate Court
35 – INVENTORIES AND ARROLAMENTOS:
As a lawyer of the surviving spouse, executor and all heirs, 6% of the real value of the lot mor including the assets sold during the process, minimum R $ 2,666.74. In the case of lawyer represent only the sharecropper, heir or legatee, 6% of the real value of sharecropping, the hereditary share or legacy, minimum R $ 1,333.38. As usufructuary lawyer, 3% of the actual value of the object of the usufruct assets, minimum R $ 1,333.38. As executor's attorney or executor dative, 20% of the compensation that is awarded to the customer, minimum R $ 1,333.38.
36 – CREDIT OR INVENTORY CLEARANCE enrollment:
20% of the credit amount, minimum R $ 1,333.38.
37 – WILLS AND codicils:
Presentation and registration, minimum R $ 1,333.38.
38 – TESTAMENT OF CANCELLATION:
Applies the item 1 GENERAL PART of this Table, minimum R $ 2,666.74.
39 – SEPARATION CONSENSUS:
a) if there are assets to share and being lawyer of both applicants expected to inventories and arrolamentos;
b) in the case of lawyer only one spouse, the same percentage planned for inventories and arrolamentos, calculated on the cabente of the customer;
c) if there are no assets subject to sharing, it will be the lawyer of both parties or in isolation of one of them, a minimum of R $ 1,333.38.
40 – JUDICIAL SEPARATION:
Having to share goods, the percentage provided for inventories and arrolamentos (item 35). Least in any case, R $ 2,666.74.
41 – SEPARATION CONVERSION IN DIVORCE:
a) request made by both spouses, minimum R $ 1,333.38;
b) litigious request made by one spouse, minimum R $ 2,666.74. Having assets to share the same criteria established for inventories and arrolamentos.
42 – DIVORCE FOUNDED IN FACT OF SEPARATION:
Having to share goods, the percentage for inventories and arrolamentos, minimum R $ 2,666.74.
43 – WEDDING CANCELLATION:
Having to share goods, the percentage for inventories and arrolamentos, minimum R $ 2,666.74.
44 – PATERNITY INVESTIGATION:
Applies the item 1 GENERAL PART of this Table, minimum R $ 2,666.74.
45 – FOOD ACTION:
As plaintiff's lawyer or defendant in action foods, revision or removal of alimony, the amount of three months of fixed or exempt pension. In case of revision, equivalent to the difference between the previous board and the magazine for the period of 12 months, minimum R $ 1,333.38.
46 – BUSINESS RULES:
Minimum R $ 1,941.80.
47 – PROHIBITION, guardianship or trusteeship:
Minimum R $ 1,941.80.
48 – SUBROGATION OF RELATIONSHIP OR RESTRICTED SECTION LIFTING:
percentage of the half for the inventory, calculated on the value of the asset, minimum R $ 2,666.74.
49 – ADOPTION:
Minimum R $ 1,941.80.
50 – EMANCIPATION OR SUPPLY:
Minimum R $ 1,333.38.
51 – GRANTING JUDICIAL CONSENT:
Minimum R $ 1,941.80.
52 – TERMINATION OF ENJOYMENT OR TRUST:
Minimum R $ 1,941.80.
53 – SALE, LEASE OR REAL BURDEN:
Minimum R $ 1,941.80.
54 – PERMIT APPLICATION FOR CRAFTS OR WARRANT SHIPMENT:
Minimum R $ 1,333.38.
Criminal law
55 – POLICE INQUIRY:
a) diligence before law enforcement agencies, in business hours (from 8 to 18 hours), minimum R $ 1.066,70- outside these hours, 20 to 30% increase;
b) monitoring of police investigation, minimum R $ 1,941.80.
c) application for institution of police investigations and monitoring, minimum R $ 2,666.74.
56 – CRIMINAL ACTION:
Defense in normal proceedings, summary or special minimum of R $ 2,666.74;
57 – CASE JURY OF COMPETENCE:
a) defense to indictment, minimum R $ 2,666.74;
b) defense in plenary least R $ 4,000.12;
c) defense until final judgment, least R $ 6,666.86;
d) resources: applies the item 61 of the GENERAL PART of this Table.
58 – Special Criminal Court:
a) reconciliation, transaction and / or stay of proceedings, minimum R $ 1,066.70;
b) in the event of termination, applies the item 56 of the GENERAL PART of this Table.
59 – MILITARY JUSTICE:
Defense process, minimum R $ 2,666.74. As the Military Police Investigation and jury, applying, respectively, items 55 and 57.
60 – habeas corpus:
Minimum R $ 2,666.74.
61 – GENERAL FEATURES:
Minimum R $ 1,333.38.
62 – APPLICATION FOR PRISON OR REVOCATION OF RELAXATION:
Minimum R $ 1,333.38.
63 – PROVISIONAL FREEDOM OF APPLICATION:
Minimum R $ 1,866.73.
64 – COMPLAINT-CRIME:
As a lawyer of the plaintiff or of the Respondent, minimum R $ 2,666.74.
65 – CRIMINAL ENFORCEMENT:
Application for grant of grace, pardon, amnesty, commutation of sentences, parole, unifying sentences, security measure revoked hostel prison, house arrest and progression system, minimum R $ 1,866.73.
66 – PROCESSES INCIDENTS:
Exceptions, Return of things seized, Assecuratórias Measures and Incident Insanity, minimum R $ 1,333.38.
67 – PROSECUTION WIZARD:
Minimum R $ 2,666.74. If assistance in the jury applies to item 57.
68 – EXPLANATION OF APPLICATION (interpellation JUDICIAL):
Minimum R $ 1,333.38.
69 – LEGAL GROUNDS:
Minimum R $ 1,333.38.
70 – CRIMINAL REVIEW:
Minimum R $ 2,666.74.
71 – REHABILITATION OF APPLICATION:
Minimum R $ 1,333.38.
72 – DEPOSIT OF GRANT APPLICATION OR CONDITIONAL PEN SUSPENSION:
Minimum R $ 1,066.70.
73 – DEFENCE IN JUDICIAL INQUIRY:
Minimum R $ 2,666.74.
74 – letter rogatory:
Minimum R $ 800.03.
75 – PRECAUTIONARY MEASURES:
Minimum R $ 1,941.80.
76 – ELECTORAL CRIMES:
Minimum R $ 2,666.74.
77 – CIVIL PUBLIC INQUIRY:
Minimum R $ 1,941.80.
Labour law
78 – LABOR COMPLAINTS:
a) the claimant's sponsorship: 20% to 30% of the economic value of the issue or any agreement without the deduction of tax and social security charges, minimum R $ 533.35
b) sponsorship of the claimed 20% to 30% of the economic value of the matter, minimum R $ 1,941.80.
79 – JUDICIAL APPLICATION FOR APPROVAL OF EMPLOYEE TERMINATION:
Minimum R $ 1,333.38.
80 – INQUIRY FOR EMPLOYEE TERMINATION:
Minimum R $ 1,333.38.
81 – ARRANGEMENTS FORMULATION, CONVENTIONS COLLECTIVE WORK AND Bargaining:
Minimum R $ 2,666.74, as a lawyer for either party.
Social Security law
82 – ADMINISTRATIVE NOMINATION:
20% to 30% of the economic value of the matter, minimum R $ 2,666.74.
83 – ADMINISTRATIVE JUSTIFICATION:
Minimum R $ 1,333.38.
84 – LEGAL GROUNDS:
Minimum R $ 1,333.38.
85 – Cognition ACTION: condemnatory, CONSTITUTIVE AND declaratory:
20% to 30% of the economic value of the issue or any agreement without the deduction of tax and social security charges.
Work accident
86 – INDEMNIFICATION:
20% to 30% of the economic value of the matter, minimum R $ 2,666.74.
Electoral law
87 – NOMINATION IN GENERAL:
Appeals, complaint or representation, supports, minimum R $ 2,666.74.
Childhood and Youth
88 – INTERVENTION:
In any case, minimum R $ 1,553.45.
Extrajudicial law
89 – INTERVENTION:
Attorney for resolving any matter on friendly ground. If there is economic interest, 10% of this amount. Minimum R $ 1,333.38, even when it is invaluable.
90 – PUBLIC ADMINISTRATION:
Intervention before the public administration: 10% to 20% of the economic value of the matter, minimum R $ 1,333.38.
91 – ADMINISTRATIVE DEFENSE:
In receivership or administrative disciplinary process, minimum R $ 2,666.74.
92 – ADMINISTRATIVE PROCEDURE:
Overall, 10% to 20% of the economic value of the matter, minimum R $ 2,666.74.
93 – CONTRACTS IN GENERAL:
Draft contract or document: 2% of its value, minimum R $ 800.03.
94 – TESTAMENT:
Draft will and / or assistance to the act, minimum R $ 1,333.38.
95 – REAL ESTATE DOCUMENTATION (excluding cases of articles 212 and 213 of Law 6,015 of December 31, 1973 – in this case, see item 91 or 14 of this Schedule, where applicable):
a) study or real estate documentation organization, minimum R $ 1,066.70 (the study and the organization does not include the extraction of documentation);
b) contract preparation: 2% of its value, minimum R $ 1,066.70;
c) when the work involves two tasks, minimum 3%.
96 – MEETINGS:
Participation in meetings, minimum R $ 1,066.70.
97 – CONSULTATION:
Verbal, during business hours (from 8 to 18 hours), minimum R $ 194.18 (outside these hours, 20 to 30% increase).
98 – OPINION:
Written, minimum R $ 1,333.38.
99 – TECHNICAL TIME WORK:
In contracts where fees are fixed on the basis of working time, minimum R $ 194.18 / hour.
100 – INVENTORY, SEPARATION AND DIVORCE CONSENSUS (Law 11,441, of January 4, 2007) (*)
I – INVENTORY:
a) as a lawyer of the surviving spouse, partner (a), executor and all (as) (the) heirs (as) or in case of heir (a) only (a) universal or award (assignee or not), 6 % (six) on the real value of the lot chancel, minimum R $ 1,333.38;
b) in the case of (a) Attorney (a) only represent (a) sharecropper (a) or only one of the heirs, 6% (six) on the real value of sharecropping or hereditary share, minimum R $ 1,333.38 .
II – SEPARATION CONSENSUS:
a) if there are assets to share and being lawyer of both applicants expected to inventory, included in item "a" of item I above;
b) in the case of Attorney only one spouse, the same percentage expected to inventory this hypothesis ( "b" of item I above), calculated on the cabente of the customer;
c) if there are no assets subject to sharing, it will be the lawyer of both parties or in isolation of one of them, a minimum of R $ 1,333.38.
III – DIVORCE CONSENSUS:
Having goods to share or not, as applicable, the same criteria established for separation (paragraphs "a", "b" and "c" of the previous item II). Minimum R $ 1,333.38.