OAB Bar Exam (Exame de Ordem), First Phase · Professional Ethics and Practice

Advocacy Statute and Professional Ethics

28 practice questions, each with the answer and an explanation.

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All 28 questions

  1. Which of these is a requirement for registration as a lawyer under Article 8 of Lei 8.906/1994?
  2. What is the lawyer's compromisso (oath) under Article 20 of the Estatuto da Advocacia?
  3. Which activity is absolutely incompatible with the practice of law under Article 28 of the Estatuto da Advocacia?
  4. What is the difference between incompatibility and impediment (impedimento) in the Estatuto da Advocacia?
  5. Under Article 7, III of the Estatuto da Advocacia, which prerogative do lawyers have regarding detained clients?
  6. May a lawyer be arrested in flagrante delito for a crime committed while practising, under Article 7, §3 and IV of the Estatuto da Advocacia?
  7. Where must the constitutive acts of a law firm (sociedade de advogados) be registered under Article 15, §1 of the Estatuto da Advocacia?
  8. To whom do court-awarded fees from the losing party (honorários de sucumbência) belong under Article 23 of the Estatuto da Advocacia?
  9. What is the limitation period for a lawyer's claim to collect fees under Article 25 of the Estatuto da Advocacia?
  10. Which sanctions may the OAB apply under Article 35 of the Estatuto da Advocacia?
  11. What requirement applies to the penalty of exclusion under Article 38 of the Estatuto da Advocacia?
  12. In which case does Article 38, I of the Estatuto da Advocacia authorise exclusion?
  13. What is the limitation period for disciplinary action by the OAB under Article 43 of the Estatuto da Advocacia?
  14. What is the legal nature of the OAB under Article 44 of the Estatuto da Advocacia?
  15. How long is the mandate of members of the OAB councils under Article 63 of the Estatuto da Advocacia?
  16. How does the Code of Ethics (CED) treat professional secrecy (sigilo profissional)?
  17. How must a lawyer's professional advertising be under the Code of Ethics?
  18. A lawyer files an urgent action to avoid forfeiture of a right without a power of attorney. What does Article 104 of the Code of Civil Procedure allow?
  19. Under the Code of Ethics, when may a lawyer substitute the mandate without reservation of powers (substabelecimento sem reserva)?
  20. Under Article 2, §3 of the Estatuto da Advocacia, how far is the lawyer inviolable?
  21. Where is the Conselho Federal da OAB headquartered under Article 45 of the Estatuto da Advocacia?
  22. What is the Caixa de Assistência dos Advogados (Article 62 of the Estatuto da Advocacia)?
  23. As a general rule under Article 37 of the Estatuto da Advocacia (Lei 8.906/1994), for how long does the disciplinary penalty of suspension bar a lawyer from practising?
  24. Under Article 39 of the Estatuto da Advocacia, what range applies to the disciplinary fine (multa) imposed on a lawyer?
  25. Under Article 41 of the Estatuto da Advocacia, when may a lawyer who has received a disciplinary sanction apply for rehabilitation (reabilitação)?
  26. A lawyer registered in Bahia commits a disciplinary infraction while acting in a case in Pernambuco. Under Article 70 of the Estatuto da Advocacia, which body has the power to punish him?
  27. A lawyer with principal registration in São Paulo starts acting in courts in Minas Gerais. Under Article 10, §2 of the Estatuto da Advocacia, when must he obtain a supplementary registration (inscriçã…
  28. Under Article 4 of the Estatuto da Advocacia, what is the status of acts reserved to lawyers when they are done by a person not registered with the OAB?

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