Collecting legal fees: what the OAB Code of Ethics allows and how to build the dunning schedule

By Igor Costa · October 26, 2026 · 7 min read

When collecting legal fees, the OAB Code of Ethics bans the duplicata and protesting the invoice. It allows an invoice at the client's request, credit cards, and protesting a check or promissory note after an amicable attempt. Collection that works starts with a written contract and follows a dated dunning schedule approved by the partner.

What does the OAB Code of Ethics allow when collecting fees?

It allows collection by invoice, card and, with care, boleto. It bans the duplicata and any commercial credit instrument. The rule is in arts. 52 to 54 of the Code of Ethics and Discipline, Resolution 02/2015 of the Federal Council.

Two cautions. The boleto ruling predates the 2015 Code, which took effect in September 2016. The text of art. 52 kept the same idea, but confirm the current view of your state bar section.

The second caution is protesting the contract. In São Paulo, the state Court of Justice's oversight office began accepting protest of fee contracts in 2017, with a statement of the amicable attempt. This is a São Paulo notary rule. In other states, check the local rule.

What does the fee contract need to say?

The written contract needs to state the scope, the amount, the payment method and how far the representation goes. With it, the firm has an enforceable instrument. Without it, the firm depends on court arbitration.

The Code of Ethics recommends a written contract (art. 48). § 1º lists what it must state clearly:

• the scope of the service;
• the agreed fees and the payment method;
• the extent of representation: every act in the case or a single level of court;
• what happens if the case ends in a settlement.

Also include what the collection routine will use:

1. Due date for each installment, on a fixed day.
2. Accepted payment method: boleto, Pix or card. The TED-SP ruling asks for the boleto to be provided for in the contract.
3. Notice channel: email, WhatsApp or both, with the client's consent.
4. What happens when payment is late, with the agreed penalty and interest.

The Statute of the Legal Profession, Law 8.906/1994, says in art. 24 that a written contract setting the fees is an enforceable instrument. Without a contract, the court sets the fees by arbitration (art. 22, § 2º).

How do you build a dunning schedule without exposing the client?

The dunning schedule is a sequence of notices with date, channel and tone set before any payment is late. The partner approves it once, and the team follows it without improvising.

This is an example schedule for a fixed monthly fee:

Confidentiality applies to collection too. The Code of Ethics says professional secrecy is a matter of public order (art. 36). So:

• the collection message does not mention the case, the opposing party or the subject;
• the boleto does not describe the service, as the TED-SP ruling requires;
• the notice goes only to the contact the client named in the contract.

The tone lives in the written record, not in improvisation. A written schedule prevents a harsh message one week and silence the next.

How much do late fees cost the firm?

They cost the month's cash and the time of whoever collects. Small, scattered late payments weigh more than one large one, because nobody notices until the end of the month.

There is little public data on this. The most cited survey is from Projuris, a software vendor, done in July 2017 with 152 lawyers. In it, only 24% had a person dedicated to collection at the firm. The data is old and comes from a vendor, so it serves only as a signal.

The table uses example numbers: 40 fixed-fee contracts, with an average installment of R$ 1,500.

Not every late payment becomes a loss. Most clients pay with the right notice on the right day. That is what the schedule is for: collecting what was already agreed, without a hard conversation.

When should you go to court?

When the schedule has run out and no settlement came. First, the lawyer must withdraw from representing the client in default.

The steps, under the rules cited:

1. Prior withdrawal. Art. 54 of the Code of Ethics requires the lawyer to withdraw from representation before arbitration or a collection lawsuit.
2. Ten days of representation. After notice of withdrawal, the lawyer keeps representing the client for ten days, unless replaced sooner (Law 8.906/1994, art. 5º, § 3º).
3. Enforcement or arbitration. With a written contract, the firm enforces the instrument (art. 24). Without a contract, it asks for arbitration (art. 22, § 2º).
4. Time limit. The collection claim expires in five years (art. 25). One of the starting points is the withdrawal or revocation itself.

The decision to withdraw affects the portfolio and the client's case. That is why the schedule ends in a partner's decision, with the history of notices in hand.

How CERNE solves it

CERNE brings the contract, the collection, the payment posting and the invoice into one workflow, with the dunning schedule approved by the partner.

• Fees with boleto, Pix and invoice. The contract sets fixed or installment fees. The charge goes out by boleto or Pix, the payment is posted automatically and the NFS-e is issued.
• Dunning schedule approved by the partner. The partner approves the dates, channels and text once. Late payments enter the schedule, and each notice is logged.
• Messages with approval. A message to the client only goes out with the approval of the person in charge, and each access is logged.
• Firm finance. Accounts payable and receivable, with the reconciled bank statement and the month's cash.
• Direct question. In the AI assistant, the partner asks "which fees are more than 10 days late?". The answer comes from the firm's data.

The legal package starts with an assessment of your firm. It uses modules already running at CERNE clients: the board with owner and deadline, and approval before anything is sent. See the fee workflow on the law firms page and the cards for each function.

Start with the assessment

The schedule and the table in this text are examples. Your firm's depend on your contracts and your portfolio. Start with an assessment of your operation: our team reviews the open fees and builds the schedule with the partner. Book the assessment.

This text informs about management and does not replace consulting your OAB state bar section on specific cases.

Frequently asked questions

Can a lawyer issue a boleto to collect fees?

Yes, with care. A 2011 ruling by the OAB-SP Ethics Tribunal (TED), E-3.960/2010, accepted a boleto provided for in the contract or authorized by the client. The boleto does not describe the service and is not protested. The ruling predates the 2015 Code of Ethics; confirm with your state bar section.

Can a lawyer protest unpaid fees?

A fee invoice cannot be protested, and the duplicata is banned (OAB Code of Ethics, art. 52). The client's check and promissory note can be protested after a failed attempt at amicable collection (art. 52, sole paragraph).

Can a lawyer accept fees by credit card?

Yes. Art. 53 of the OAB Code of Ethics and Discipline allows payment by credit card, with an account at a card processor. If the processor advances the amount, the lawyer's liability does not change if the contract is terminated.

How do you sue a client for fees?

The lawyer must first withdraw from representing the client in default (Code of Ethics, art. 54). A written fee contract is an enforceable instrument (Law 8.906/1994, art. 24). Without a contract, the court sets the fees by arbitration (art. 22, § 2º).

What is the time limit to collect legal fees?

Five years, under art. 25 of Law 8.906/1994. Depending on the case, the period runs from the contract due date, from the final decision or from the end of the out-of-court work. It also runs from abandonment, settlement, withdrawal or revocation of the power of attorney.

Sources

1. OAB, Código de Ética e Disciplina, Resolution 02/2015
2. Estatuto da Advocacia, Law 8.906/1994
3. Migalhas, OAB-SP TED accepts boleto for fees, April 12, 2011
4. Migalhas, São Paulo notary offices authorized to protest fee contracts, 2017
5. Projuris, survey Inadimplência para advogados e escritórios, July 2017