How can I report a lawyer's ethical breach to the Brazilian OAB and what happens next?

To file a complaint (called a Representação) against an attorney in Brazil for violating the Code of Ethics (Código de Ética e Disciplina), you must follow specific steps outlined by the OAB (Ordem dos Advogados do Brasil). While you do not need a lawyer to file this initial complaint, having legal guidance can be helpful.​

Here are the exact steps, evidence requirements, and potential sanctions.

1. Steps to File a Complaint (Representação)
The process is administrative and generally free of charge for the complainant.

Identify the Correct Jurisdiction: You must file the complaint with the OAB Sectional Council (Seccional) or Sub-section (Subseção) where the infraction occurred. Usually, this is the state where the lawyer practices or where the specific unethical act took place.​

Draft the "Representação" (Complaint): This is the formal document accusing the attorney. It must be written and signed. Most OAB websites offer a standard form (formulário de representação), but you can also write a simple petition containing:

Identification: Your full name, qualification (ID/CPF), address, and contact info.​

Narrative: A clear, chronological description of the facts. Explain exactly what the lawyer did or failed to do (e.g., missed a deadline, kept money, abandoned the case).​

Request: Explicitly state that you wish for the OAB to investigate and punish the attorney for the ethical violation.

File the Complaint:

Online: Many OAB sectionals (like OAB/SP, OAB/RJ) allow you to file digitally through their "Protocolo Online" or "Ouvidoria" systems.​

In-Person: You can physically deliver the document to the protocol sector of the OAB Sub-section near you.

Process Initiation: Once filed, the Tribunal de Ética e Disciplina (TED) will review it. If they find grounds for the claim, they will notify the attorney to present a preliminary defense.​

2. Evidence to Gather
The burden of proof is on you. You must prove that the infraction occurred. Gather as much as possible:

Documents: Copies of the lawsuit (if applicable), power of attorney (procuração), contracts, and receipts of payment.​

Communications: Emails, letters, and text messages.

Note: For WhatsApp messages, simple screenshots are often accepted, but an Ata Notarial (a document certified by a notary public verifying the messages) is much stronger and harder for the defense to challenge.​

Witnesses: You can list up to 5 witnesses who can corroborate your story.​

Proof of Loss: If the lawyer kept your money, bank statements showing transfers are crucial. If they missed a deadline, a copy of the court decision certifying the missed deadline (certidão de trânsito em julgado or similar) is essential.

3. Potential Sanctions
If found guilty, the attorney faces penalties defined in Article 35 of the Estatuto da Advocacia (Law 8.906/94). 

4. Do You Need a Lawyer?
No, it is not mandatory. You can file the complaint and follow the process yourself ("jus postulandi" in administrative tracks). The OAB has a duty to investigate once alerted.​

However, an attorney can help you draft a more precise complaint, legally characterize the infraction (citing specific articles of the Code of Ethics), and ensure you don't miss any procedural deadlines if the OAB requests more information. If the case is complex, consulting a lawyer is recommended