When asked whether a lawyer can have a private micro-entrepreneur group (MEI), professionals in the field often do not know how to answer this question.According to the CGSN (Simples National Management Committee), lawyers are not on the list of companies approved for micro-entrepreneurs, although the MEI was created to include unemployed workers and small business owners. Likewise, they cannot issue the CNPJ as an EI (Independent Entity).
However, there are two ways in which a lawyer can have his own “office” and offer his services, namely:
Sociedade Simples (Sociedade LTDA, Sociedade Comandita Simples, among other divisions) Unipersonal Law Company, allowing the use of the name of the holder as the company name. Both are provided for in Law 13,247, of January 12, 2016, which contains specific articles and sections on the performance of these professionals in professional ethics.
Rules, restrictions and changes. The OAB (Brazilian Bar Association) has several standards and, among them, is the Code of Ethics and Discipline (CED), published for the first time in 1995 and updated in 2015, with the addition maintaining the same things, but with some changes that are suitable for business people. advertise your company or published works.
Even with the change in resolution 2/2015, the standards maintain the same idea, requiring the presentation of offices and services as real information, with consideration and consideration.
Restrictions added in 2015: Advertising and promotions in movie theaters; Advertisements in public places, such as elevators, walls, among other places; Add contact details, such as email, telephone and address, to columns and articles; Flight, email and the like, among other activities. Among the positive changes are: Mention of the lawyer's email in the press or in public, radio and television programs, articles, essays and articles; Use signage and panels respecting common sense and discretion (for office information only); Support cultural and scientific publications, events and dissemination of bulletins on cultural matters to customers and interested parties; It is possible to include titles of your school, websites, email, logos, QR Code and receive tributes (related to the company) 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 with publication and legal information.
Used for more than two years, together with the OAB Code of Ethics, it brought 10 articles on good and bad practices, showing the nature of the law and the law of advertising.
Subsequently, in June 2021, a new provision was requested by the OAB Council, which was released after one month, on July 21, 2021: Provision 205/2021. On the other hand, Provision 94/2000 was revoked.
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”, “fair, intelligent and informative advertising”, etc.
Still in the current Device, the Single Annex was also introduced, which shows how to use tools and applications, to inform the office, to answer legal questions in discussions, books, videos and live on websites.
Finally, the Commerce Commission was created, which will monitor the development of these instruments in the Single Annex, presenting the necessary changes to the Device to the Federal Council.
New authorizations of Regulation 205/2021 The use of active or passive advertising in the sale of legal information, without having a client, used mainly for financial or commercial purposes; Use of advertising, paid or not, on social networks and media, except cinemas, billboards, radio and television programs and public places, without authorization in violation of the rules of the Single Annex; Use active advertising related to the sale of goods, events and publications (courses, seminars, conferences or books), where people need them, aimed at professionals in the field, interns and university students; In shared environments, there is a sign or sign in a public place to identify who the business is and what it does in that space. Social Media and Preferred Algorithms Speaking of publications, legal experts often publish books and articles to help develop legal programs and the like. In this way, the Internet, social networks and the algorithms of these networks do the work of advertising.
Algorithms used in social networks such as intelligent robots analyze your search data on websites, identifying your profile and sending relevant information that may be relevant to you.
With the internet, consumers are more informed, researching products and watching informative videos before making a purchase. Therefore, companies seek help from marketing consultants, such as Protagnst, who help companies think carefully about the situation and how the company communicates with its potential market.
Based on this and understanding how the target audience does research, the lawyer can use the website or product links (e.g.: Books on Criminal Law or Civil Law) as a reference, so that they are mentioned (almost according to the subject addressed). etc. more about this place).