In Brazil a fake lawyer was ordered to compensate a client for damages

In the Brazilian city of Campo Grande, an elderly woman, in an effort to resolve a debt issue, granted power of attorney to a law student who identified himself as an advocate. When it turned out that the debt did not exist, the court, acting on the victim’s lawsuit, awarded her compensation for property damage and emotional distress.

Local industry media outlet Jurinews reports on the circumstances and the course of the case.

According to the ruling, the woman received a phone call from someone who identified himself as an employee of the municipal housing agency. She was informed of a debt totaling 23,000 reais (approximately 201,000 UAH). The debt allegedly pertained to a plot of land.

To resolve the situation, the woman turned to a man who introduced himself as an advocate and granted him power of attorney. In reality, he was merely a law student and was using an intern’s ID from the regional branch of the Brazilian Bar Association in the state of Mato Grosso do Sul.

In total, the woman gave the aspiring lawyer 5,500 reais — about 48,000 UAH. Of this amount, 3,000 reais were paid as a fee, and another 2,500 reais were supposed to go toward the first installment of the debt repayment.

Receiving no information about the completion of the assignment, the woman contacted the municipal agency and discovered that she owed it nothing. After demanding a refund, she received a partial refund through a third party, but the fake lawyer stopped responding.

The woman then filed a report with the police and subsequently filed a lawsuit. She sought compensation for property damage and emotional distress.

The defendant did not appear at the conciliation hearing and did not personally file any objections to the claim. A special representative appointed to him by the state filed general objections. The court used materials from criminal proceedings involving the same parties as evidence. Ultimately, the student’s conduct was found to be unlawful under the Civil Code of Brazil.

In the judge’s opinion, the situation went beyond a mere breach of contractual obligations. The defendant presented himself as an advocate, cited a debt owed to a government agency, and received money to settle an obligation that did not exist. It was also established that these actions disturbed the woman’s peace of mind and undermined her sense of security. Taking into account the extent of the harm, the nature of the offense, as well as the criteria of proportionality and reasonableness, compensation for emotional distress was set at 8,000 reais (approximately 70,000 UAH). The court also ordered compensation for the property damage caused.