When asked whether a lawyer can have an individual micro-enterprise (MEI), even experts in the field often do not know how to answer this question.According to the CGSN (Simples Nacional Management Committee), the lawyer is not on the list of professions allowed to micro-entrepreneurs because the MEI was created to integrate informal workers and small business owners. In the same way that they cannot issue CNPJ as EI (individual company).
However, a lawyer has two ways of owning his “business” and providing his services. They are the following:
Sociedade Simples (among other subdivisions Sociedade LTDA, Sociedade Comandita Simples) Single-person law firm, with the obligation to use the name of the owner as the company name. Both are stipulated by Law 13,247, of January 12, 2016, which contains detailed articles and sections on how these professionals can and should act within the scope of professional ethics.
Ethics, Restrictions and Modifications. The OAB (Brazilian Bar Association) contains several standards and among them is the Code of Ethics and Discipline (CED), originally published in 1995 and updated in 2015, adding restrictions but with some changes favorable to professionals to publicize their companies or work. published.
Also with the changes to Resolution No. 2/2015, the same content remains in the rules, which determines that the disclosure of positions and services must be merely informative, accompanied by discretion and sobriety.
The restrictions added in 2015 were: Release of commercials and advertisements in cinemas; Advertisements in public places such as elevators, walls, etc.; Add contact information such as email, telephone and address in columns and articles; Creation of leaflets, direct mail and similar practices. Among the favorable changes are: mention of the lawyer's email in the press or on social networks, on radio and television programs, in literary, legal and academic articles; Use signage and plates that respect the required discretion and sobriety (only for identification in the office); Sponsor publications, cultural and scientific events and distribute cultural bulletins to customers and interested parties; Possibility to add your academic titles, websites, email, logos, QR code and even acquired honors (related to the profession) on business cards, pens and other office materials; Provisions 94/2000 and 205/2021 In relation to the topic discussed above, it is important to mention that there is also provision 94/2000, which deals exclusively with advertising and legal information.
It has been in use for more than two decades, coinciding with the OAB Code of Ethics, and also highlighted 10 good and bad practices, as well as highlighting legal and illegal forms of disclosure.
Subsequently, in June 2021, the OAB Council proposed a new device, which came into force one month later, on July 21, 2021: Device 205/2021. On the other hand, provision 94/2000 was declared invalid.
The new provision covers current topics such as the use of the Internet for advertising and social networks. The document uses terms such as “legal marketing”, “client acquisition”, “sober, discreet and informative advertising”, among others.
A uniform appendix was also added to the device, which is still in force, showing how tools and applications should be used to publicize the firm, clarify legal doubts in consultations, publications, videos and social networks.
Finally, a Legal Marketing Regulatory Committee was created to monitor the development of these tools in the Single Annex, recommending plausible changes to the device for submission to the Federal Council.
New device authorizations 205/2021 Use of active or passive advertising in the marketing of legal content as long as there is no customer acquisition, excessive use of financial resources or marketing; Use of paid or free advertising on social networks and media, except cinemas, billboards, radio and TV broadcasts and public places, in addition to not violating the rules of the Unified Annex; Use active advertising in the sale of goods, events and publications (courses, seminars, conferences or books) where the target audience must be professionals, interns and students in your field; In shared environments, place a sign or notice in the physical space that identifies who the professional is and what role he or she performs in that location. Social media and algorithms favor. Speaking of publications, legal professionals often publish books and articles to help with the development of legal projects, etc. In this sense, the Internet, social networks and the algorithms of these networks do the work of distribution.
The algorithms used on social networks are like intelligent robots that check your browsing data on networks, recognize your profile and send related content that may be of interest to you.
With the Internet, consumers are much more informed, researching products and watching informative videos before making a purchase. As a result, companies are increasingly seeking help from sales consultancies like Protagnst, which help companies think strategically about positioning and how the company should communicate with its potential market.
Based on this, and understanding how the target audience carries out research, the lawyer can use links to websites or products (for example, books on criminal law or civil code) as references to become recommended (almost similar to the topic). covered and others related to the area).