Como garantir o recebimento dos meus honorários?

Summary

This video emphasizes the importance of including a salary seizure clause in legal fee agreements to safeguard against non-payment. The speaker explains that such a clause allows attorneys to request a partial seizure of a client's salary (up to 15%) if the client fails to pay, thus reducing the risk of financial loss. By incorporating this pre-processual measure into contracts, lawyers can better protect themselves against debtors who may hide assets or avoid payment. The advice encourages attorneys to proactively secure payment through this precautionary clause in all future contracts.

Takeaways

• 😀 Always include a clause in your honorarium contracts to secure payment in case of non-payment.
• 😀 The clause allows for the attachment of a debtor's salary to ensure you get paid for your services.
• 😀 Preventive strategies, like this clause, are key to avoiding the risk of non-payment by clients.
• 😀 The new Civil Procedure Code allows pre-processual agreements, where both parties can outline enforcement steps if necessary.
• 😀 Salary is generally protected from garnishment, but part of it can be attached if specified in the contract.
• 😀 The clause can specify up to 15% of the debtor's salary to be attached in case of non-payment.
• 😀 Debtors have the freedom to use their salary as they wish, but they can agree to waive its protection for a lawyer's fee payment.
• 😀 Including this clause significantly reduces the risk of non-payment by ensuring a mechanism for enforcement.
• 😀 When a debtor agrees to the clause, they consent to salary garnishment, making it more likely you will receive your payment.
• 😀 This clause has proven to prevent numerous instances of non-payment for lawyers who have implemented it in their contracts.

Q & A

What is the main focus of the lesson in the transcript?

The main focus is on the inclusion of a specific clause in contracts of honorarium to prevent non-payment by allowing the seizure of part of the debtor’s salary in case of default.

Why is it important to insert this clause into contracts of honorarium?

This clause is essential to ensure that if a client defaults on payment, there is a legal mechanism to secure payment, especially through salary garnishment.

What legal provision allows the inclusion of this clause in contracts?

The inclusion of this clause is authorized by the new Brazilian Civil Procedure Code, which allows parties to make pre-processual agreements, including agreements on salary seizure in case of non-payment.

How does the clause help in avoiding non-payment from clients?

By including the clause, clients agree in advance that part of their salary can be seized if they fail to pay, which increases the likelihood of payment, as debtors often prefer to settle the debt rather than face salary garnishment.

What does the speaker recommend regarding the percentage of salary that can be seized?

The speaker recommends limiting the seizure to a maximum of 15% of the debtor’s salary to prevent excessive financial hardship while still securing payment.

What are the conditions under which a salary can be seized according to Brazilian law?

Under Brazilian law, salary is generally protected from seizure unless the debtor earns more than 50 minimum wages or the debt is related to alimony. However, the clause in the contract allows for partial salary seizure in other cases.

Why is it suggested to include the salary seizure clause in all contracts of honorarium?

Including this clause in all contracts of honorarium ensures that the lawyer is protected from potential non-payment, especially in cases where the client later refuses to pay, making it a proactive legal measure.

How does the clause impact the relationship between the lawyer and the client?

The clause may foster a more transparent relationship, as the client is made aware of the consequences of non-payment, which can encourage them to settle their debts promptly.

What advice does the speaker give regarding how to draft the clause in the contract?

The speaker advises giving significant prominence to the clause in the contract, making it clear and visible so that the client fully understands and agrees to the terms before signing.

What is the potential consequence if the clause is not included in the contract?

If the clause is not included, the lawyer may face difficulty collecting payment, especially if the client defaults on their obligations, leading to legal challenges in recovering the owed amount.