Pactum de Quota Litis: A Deontological Analysis from Brazil and Portugal

Abstract

This article studies the pactum de quota litis, a type of contract that the receipt of the lawyer's payment is conditional on its performance. It is based on the legal systems of Brazil and Portugal, which, despite having an intimate historical connection, have chosen different paths in this aspect. It is verified whether such an agreement is detrimental to the lawyer's independence and if any effect on independence justifies the prohibition and restriction of private autonomy. The analysis is done through bibliographic review and documental analysis. The verification is done from a purely deontological perspective.