terça-feira, 5 de fevereiro de 2013

What is the quality of Brazilian legal services like in comparison to more developed countries?

I'm taking this post from Investment Services Brazil, a website specialized in Brazilian real estate. 

Their answer to the question at the title is: in general, not good (their original post may be read at the end of this one)

I'd love to criticize them and say that this is a superficial opinion, a biased remark from some condescending and patronizing yankee. 

But I understand their point of view. With the exception of some very professional law firms in major cities and of some very well educated professionals, most of Brazilian lawyers will not fulfill foreigner's expectations. 

That is not because they are bad professionals, but because most of them are not ready to adapt to European and American business culture.  

For example, most lawyers in Brazil (actually, most people in Brazil) will not answer their emails within two hours, keep a British punctuality or offer periodic and detailed reports. All of these are expected behaviors in  many developed countries, for all I know. But they simply aren't an essential part of Brazilian business culture (I feel I will be criticized for saying that out loud, but I have had enough foreign clients to know precisely what they complain about, and those 3 are on the top of the list).

Now, I'm not saying that you should trust your Brazilian lawyer blindfolded. My first order of business is "trust no one" (the second one is: "don't trust anyone, specially the Brazilian government"). 

I'm just saying that, among a lot of good Brazilian lawyers, you will be able to find only a few who speak, act and work like Europeans. If you can pick these one, good for you. If not, then you will have to adapt yourself. 

The original article:
Posted on November 6, 2012 by admin

This is a common question and most certainly a very valid one.  Many individuals buying real estate in Brazil focus solely on the merits of the real estate purchase and neglect carry out any due diligence process on the legal professional that will ultimately supervise the transaction.  Investment Services Brazil is often called upon to assist  foreigners to recover their capital from deals that have not been subject to correct due diligence by a less than thorough Brazilian lawyers.  With the increase in volume of foreign buyers within Brazil, legal  services are in demand and speaking from experience it is obvious that several local lawyers simply spend less time on each transaction in order to accommodate more clients.
Under Brazil law the due diligence process that a Brazilian lawyer must carry out on behalf of the client is regrettably subject.  This results in a lack of accountability in the event of incompetence or neglect.  Furthermore the Brazilian Courts are notoriously inefficient and corruption is not uncommon.  With this in mind it is essential when purchasing real estate in Brazil to have a high level of confidence in your Brazilian lawyer and to not use them simply because they speak English.  Your lawyer in Brazil should willingly share with you the exact steps and checks they will carry out in order to fulfill the due diligence on your property.
At Investment Services Brazil due diligence is carried out with the knowledge that the Brazilian legal system has numerous flaws and that due diligence, thorough due diligence is the only true protection for the real estate investor.  With this objective of the real estate investor or can proceed with confidence knowing that the investment is truly protected by a firm whose intention has been showering secure a real estate transaction and not to maximize billing hours.

Source: http://investmentservicesbrazil.com/blog/?p=29

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