OAB 1a Fase Practice Questions - OAB Exame De Ordem Unificado - 1a Fase (Prova Objetiva) Exam

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Juliana represents a claimant in an employment indemnification lawsuit on a contingency fee basis (*pacto quota litis*). After winning the case and securing R$ 100,000 in net compensation for her client, plus R$ 15,000 in court-awarded succumbent fees (*honorários sucumbenciais*), Juliana intends to deduct R$ 60,000 as her contractual fee, retaining a total of R$ 75,000. Under the Code of Ethics and Discipline (CED), is Juliana's fee retention valid?

Valid, because contractual autonomy allows the lawyer and client to freely stipulate any percentage of remuneration without statutory limits Invalid, because the combined total of contractual contingency fees and succumbent fees received by the lawyer cannot exceed the net economic advantage obtained by the client Valid, provided the client confirms the deduction in writing after the financial liquidation of the judicial award Invalid, because the *quota litis* clause is entirely prohibited in Brazilian labor and civil litigation

Correct Answer:

Invalid, because the combined total of contractual contingency fees and succumbent fees received by the lawyer cannot exceed the net economic advantage obtained by the client

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