The legal profession recently received a boost with the introduction of Law 15.109/2025, which waives the requirement for lawyers to pay upfront procedural costs for billing or executing fees.
The modification signifies progress in assessing the value of a class, removing a financial obstacle that was impeding the search for proper compensation.
This article will outline the implications of the new law and provide guidance on how to take advantage of reduced procedural costs.
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Law 15.109/2025 – What is its content?
The new law has a provision in the Civil Procedure Code to prevent lawyers from having to pay upfront procedural costs when filing lawsuits to collect their fees.
Procedural expenses do not have to be paid in advance by the lawyer initiating the legal action, according to the authorized document. The debtor will be responsible for covering these costs at the conclusion of the process if they are found liable for the debt.
That implies:
- The attorney can assess fees or collect charges without requiring upfront payments.
- If the procedure is successful, the party in debt will have to cover the expenses.
- The lawyer will only be required to cover the costs at the conclusion of the case if they lose.
This adjustment lessens the financial obstacle for attorneys who frequently encounter challenges in collecting their fees.
Explore the primary section of the standard:
Article 82 of Law No. 13,105, which is the Civil Process Code, will be enforced along with the new § 3.
In collection lawsuits, the lawyer is not required to pay procedural costs upfront. The defendant will need to cover these costs at the conclusion of the case if they are found responsible for them.
Lawyers now have increased security to pursue fair payment without having to cover procedural expenses upfront, which frequently hindered legal collection efforts.
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What has changed as a result of Law 15.109/2025?
| Before Law 15.109/2025 | After Law 15.109/2025 | |
| Payment of costs | The lawyer previously had to pay costs upfront to participate in the legal action. | Lawyers are no longer required to make early payments. |
| Accessibility of collection | Due to the high expenses involved, small fees were often not pursued through legal channels. | It is now easier for lawyers to pursue their fees through the legal system. |
| Financial impact | Lawyers, particularly those in small firms, faced significant financial burdens. | There has been a reduction in the financial impact in the effort to receive fees. |
Lawyers no longer have to pay upfront fees to pursue their fees in court, creating a more balanced relationship with clients who are in default.
Who will gain from this new regulation?
The exemption from paying costs upfront is applicable to all attorneys and legal practices filing lawsuits.
- Charging fees for breach of contract (when the client fails to pay for the legal services rendered).
- Subcommittee fees, which are values set by the court and not paid by the prevailing party, are enforced.
The law applies to both independent lawyers and law firms pursuing payment for outstanding fees.
How can we make sure that Law No 15,109/2025 is implemented effectively?
Lawyers who want to start billing or charging a fee without having to pay expenses upfront are advised to:
- To adequately support the petition, you need to specifically reference Law no. 15,109/2025 and show how the collection aligns with the fee exemption.
- To show that the client or winning party is not allowed: by providing contracts, court rulings, or documents verifying the debt.
- The lawyer can request the debtor to prove their financial status if there is a disagreement with the other party about being exempt from costs before any payment decision is made.
- The new law may still spark discussions in the judicial system, making it essential to observe how judges are interpreting and implementing it.
Lawyers ensure the proper implementation of the new rule and prevent unnecessary expenses during the collection process with these actions.
Changes in the legal implementation of Law No 15,109/2025.
The endorsement of this standard signifies a significant accomplishment for the advocacy group, supporting:
- Improved access to the legal retrieval of fees by removing financial obstacles that impeded the pursuit of rightful amounts.
- Attorneys are protected against default, allowing for more efficient collection of unpaid fees.
- Recognizing the importance of the legal profession and the necessity of fair pay to enhance its value.
The National OAB stated that Law 15,109/2025 was modified due to strong advocacy efforts to protect lawyers from covering legal fees before receiving payment.
Advocacy progresses in the implementation of charges with the new Law No 15.109/2025.
Law 15.109/2025’s approval is a major step forward for legal representation, enabling attorneys to receive their fees through the judicial process without having to pay upfront procedural expenses.
Lawyers encountering challenges in fee collection now have increased security and improved access to justice, without the financial strain that they previously experienced.
It is crucial for lawyers to stay informed about new guidelines and base their collection actions on the updated legislation to ensure proper application of the law.
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What does Law No 15,109/2025 entail?
Law no 15.109/2025 states that lawyers do not have to pay upfront procedural costs for billing or executing fees, with payment only being necessary at the conclusion of the process.
What are the primary modifications introduced by Law No. 15,109/2025?
Lawyers are no longer required to pay procedural costs upfront in order to collect fees, as the responsibility now falls on the debtor at the conclusion of the process.
What is the primary advantage of Law 15,109/2025 for attorneys?
Law 15.109/2025 benefits lawyers by waiving the need for them to pay upfront procedural costs for billing or fee collection, removing a previous financial obstacle in seeking rightful compensation.
Which law was changed by Law 15,109/2025?
Law 15.109/2025 introduced a new provision to Article 82 of Law 13.105/2015 (Civil Process Code), focusing on exemptions for attorneys from paying procedural costs beforehand for billing or executing fees.
Who is in charge of covering procedural expenses under the new legislation?
Under Law 15.109/2025, the defendant or the party who did not pay is accountable for covering the expenses at the conclusion of the legal proceedings if they triggered the legal action, shifting the financial responsibility from the lawyer to the party initiating the judicial collection.
What kinds of charges does this legislation include?
The legislation applies to all forms of debt collection activities, such as standard practices, specialized actions, enforcement, and adherence to legal fees by lawyers. It pertains to both agreed-upon fees (when clients fail to pay for services) and court-ordered monetary charges.
How can lawyers guarantee the enforcement of Law 15.109/2025?
Advocates are required to mention Law 15.109/2025 in their petition, provide evidence of inadmissibility through contracts or court rulings related to the debt, be ready to ask the debtor to show their financial ability in case of disagreement, and adhere to the legal precedents regarding the implementation of the new regulation.
Who is eligible for the new procedural cost exemption?
Attorneys and advocacy firms can take advantage of this exemption when awarding contractual or default fees, whether they are self-employed or part of a law firm seeking unpaid fees.
What occurs if the attorney is unsuccessful in the effort to collect fees?
If the lawyer is unsuccessful in the case, you will only have to cover the procedural expenses at the conclusion of the proceedings, instead of paying them upfront.
What broader effects does Law 15.109/2025 have on the legal field?
The law enhances access to legal fee collection, improves safeguards against customer default, and acknowledges the importance of fair compensation for legal services, thus advancing the protection of lawyers’ economic interests.
