When asked whether a lawyer can become a private microcommunications company (MEI), they often do not know how to answer the question.According to the CGSN (Common National Management Committee), lawyers are not included in the list of professions permitted for microcommunications because the MEI was created to integrate informal workers and small business owners. I cannot issue CNPJ as EI (individual company).
However, there are two ways for a lawyer to have his own “company” and provide his services, which are:
Sociadad Simples (Sociadad LTDA, Sociadad Comandita Simples, among other subsidiaries) is a single legal entity with the obligation to use the owner's name as its corporate name. Both are regulated by Law 13,247, of January 12, 2016, which contains detailed articles and chapters on how these professionals can and should act within the scope of professional ethics.
Ethics, limitations and changes. The OAB (Brazilian Bar Association) contains several standards, and among them is the Code of Ethics and Conduct (CED), originally published in 1995 and updated in 2015, adding restrictions but with some changes favorable to professionals. advertise your company or published works.
Even with the changes in resolution 2/2015, the rules maintain the same essence, that the opening of offices and services must be for informational purposes only, accompanied by discretion and caution.
Restrictions added in 2015: commercials and advertising in cinemas; Advertisements in public places, such as elevators, walls, among other places; Add contact information such as email, telephone and address in columns and articles; Other practices include direct mail, mass mailing, and the like. Possible changes include: references to the lawyer's email in the press or on social media, radio and television programs and literary, legal and academic articles; Use signage and panels respecting due discretion and caution (only for office identification purposes); Sponsorship of publications of a cultural and scientific nature, distribution of newsletters on events and cultural topics to customers and interested parties; Ability to include your academic names, websites, email, logos, QR code and (professionally related) credits on business cards, pens and other office supplies; Regulations 94/2000 and 205/2021 Regarding the topic discussed above, it is important to note that there is a Product 94/2000 that only deals with advertising and legal information.
In use for more than two decades, the OAB complies with the Code of Ethics, which contains 10 articles on good and bad practices, as well as coverage of legitimate and illegitimate media.
Then, in June 2021, a new resolution was proposed by the OAB Council, which came into force a month later, on July 21, 2021: Prod. On the other hand, Regulation 94/2000 was rejected.
New Products addresses current topics, such as using the internet for advertising and social networks. The document uses terms such as “legal marketing”, “client acquisition”, “smart, intelligent and content advertising”, among others.
The current Product also includes the Unified Application, which shows how tools and applications should be used for office promotion, legal advice, publications, videos and social media.
Finally, a legal marketing regulatory committee was created to monitor the development of these tools in the Unified App, and make relevant changes to the regulations to the Federal Council.
205/2021 New Product licenses, without the use of active or passive advertising in legal content marketing, customer acquisition, excessive use of financial resources or marketing; Use of advertising on social networks and mass media, except films, billboards, radio and television programs and public places, without violating the rules of the Unified Application; Use active advertising in terms of the sale of goods, events and publications (courses, seminars, conferences or books), where the audience should be professionals, interns and students in the area; In a shared environment, there is a sign or indicator in the physical space that indicates who the professional is and what role they play in the space. While social networks and algorithms talk about publications, legal professionals often publish books and articles to contribute to the development of legal projects. In this sense, the Internet, social networks and the algorithms of these networks do the work of distribution.
The algorithms used on social media are like intelligent robots that check your online tracking information, identify your profile and send you content that interests you.
Thanks to the Internet, consumers are more informed, researching products and watching informative videos before making a purchase. This is why companies seek help from sales consultants like Protagnst who help companies think strategically about positioning and how the company should communicate with its potential market.
Based on this and understanding the audience doing the research, the lawyer can use links to websites or products (for example: books on Criminal Law or Civil Code) that will be recommended (almost like a topic). covered and others related to the area).