G03E - Lawyers

The need for legal assistance 
Although lawyer's services are not now legally required for house purchase, most buyers will require the assistance of a lawyer to confirm the details of a contract and to interpret the various legal documents (see the bulletins in series "H - Housing"). In addition, Members may require assistance with the preparation of contracts in Portuguese for house construction, employment of staff, and other property management services. Lawyers are required, however, to take legal action against someone or to defend yourself at court as is the case in most countries. 

Types of legal assistance 
There are two types of legal professionals in Portugal. These are Advogados and Solicitadores. According to EU agreements between member states, the profession of Advogado is equivalent to the professions lawyer, solicitor, and barrister. The Solicitadores are legal professionals who can act on behalf of clients but do not generally represent clients in court. Both professions are governed by strict rules of conduct. They are expected to keep information confidential and have powers to request information from authorities such as the courts and other public offices. 

Advogados must have first obtained a university degree in Law following an exam to enter Ordem dos Advogados and a 2-year practice as a trainee lawyer under the guidance of a fully qualified lawyer. Solicitadores may have a lower level of university qualification and must be registered with the Ordem dos Solicitadores e dos Agentes de Execução. 

Services provided by Advogados and Solicitadores 
Under Roman Law, lawyers are normally expected to handle all legal matters. These include matters relating to criminal, civil, administrative, corporate, business, and fiscal law. They are trained to provide advice, assist with negotiations, draw up contracts, and to carry out land and house purchases, claims and litigation, as well as defending their clients in court cases, both civil and criminal. 

In Portugal, lawyers and solicitors are not exactly the same.  Solicitors cannot for example represent clients in criminal matters. 

Fees
According to the guidelines issued by the Ordem dos Advogados, a lawyer should consider the time spent and the difficulty of the matter dealt with when establishing the fees. The rate should normally be set before undertaking the work. Lawyers should present a written, signed invoice for the fees, indicating the services provided. Any expenses should be listed separately. 

In the case of a dispute over fees, both the Ordem dos Advogados and the Ordem dos Solicitadores e Agentes de Execução are empowered to investigate complaints from clients and to issue a ruling. 

Usually, lawyers and solicitors will request a down payment.

Where to find a legal service 

afpop CONNECT 
Yellow Pages The usual classifications are - Advogados - Solicitadores

The main associations in Portugal are:

Advogados

Ordem dos Advogados 
Email: cons.geral@cg.oa.pt 
Tel: 218 823 550

Solicitadores 

Ordem dos Solicitadores e dos Agentes de Execução 
Email: geral@osae.pt  
Tel: 213 894 200