Brazilian civil law system is drawn from the European civil codes, specifically from Portugal. This law recognizes codified law more than judicial precedent. Also important to note is that the Brazilian judicial system is comprised of state and federal courts.
What roles do the lawyers play in Brazil? In the Brazilian judicial system, the judge takes the lead. In all litigations, the judge is the one to conduct litigation, examine witnesses, investigate facts and appoint experts where appropriate. However there no restrictive classifications for lawyers in Brazil. Lawyers can practice different types of law freely and can represent clients at their own will regardless of the applicable law in the cases. A lawyer who has passed the bar exam is entitled to draft contracts, provide legal counsel and represent clients and learn more about Ricardo.
For one to become a lawyer in Brazil, you must go through a five-year undergraduate education. After that, you graduate with a bachelor of laws (Bacharel em Direito). Only those with a law degree are qualified for bar induction exam and more information click here.
Ricardo Tosto is the founder of Leite, Tosto e Barros law firm. He has been practicing law in Brazil for 25 years. He has practiced in different kinds of law and is well known for being meticulous in his work. He has run a very successful law career that has seen him gain popularity in Brazil. Ricardo Tosto law firm was the first in Brazil to engage in activities of companies’ management. Currently, corporate management issues make the largest client base for the firm. This is from both the private and public sector. Ricardo Tosto and the company are widely consulted and mentioned in important legal matters not only in Brazil but also in other countries. Leite, Tosto e Barros law firm has more than 300 professional employees and Ricardo’s lacrosse camp.
Ricardo Tosto as well as Leite, Tosto e Barros law firm have received recognition from the 500 Advocacy Analysis, a famous law publication in Brazil. It highlights the main lawyers and law firms following research by legal heads of large companies in Brazil. This law publication has also recognized and recorded a growth of the number of lawyers in Brazil every year and resume him.
Every successful business, faces a rough patch every now and then. Besides, there are so many haters out there who would want to see hit your bottom line. Therefore, you will find that most successful businesses align themselves with the best business law attorneys. Just in case they are sued or need to sue. For such businesses, it is important that they have reputable lawyers on their side.
A reputable lawyer will have vast knowledge of the legal industry and understand all the law terminologies used the court. They should also have solid experience in the industry, during which time they should have successfully represented clients with the same cases- The main word here being successfully. Aside from that, they should be licensed, meaning that they are members of the Order of Attorneys of Brazil.
One of the best lawyers in Brazil, whose services are constantly being sought for is Ricardo Tosto de Oliveira Carvalho. He has built a reputation for himself being one of the best attorneys in the representation of businesses. He is a great litigator who has great experience at what he does. Over the years, he has crafted his art and now, he is one of the lawyers that other lawyers always scared of arguing with.
A Brief on Ricardo Tosto de Oliveira Carvalho
Ricardo Tosto is a 54-year old lawyer, based in Brazil. He is among the crème de la crème of the industry. He first began practicing law after completing his studies at UniversidadePresbiteriana Mackenzie and successfully passing bar examination. Tosto soon got employed in a law firm. Determined to make it in this industry, he worked so hard and in no time he was getting promoted and tapped by some of the leading firms in the country. During his tenure as an employed lawyer, he had the opportunity to represent some big fish clients and this is where he got the contacts he needed to start his own company. So in the year 1991, he and other partners founded Leite, Tosto and Barros Advogados Associados, which is currently one of the most respected firms in the area.
While in the past, most lawyers in Brazil were in private practice in a law firm, more and more attorneys work in legal departments of medium-sized and large corporations and other organizations. Most students undertake their internship at a law firm, and this has a number of advantages, including preparing students for the substantial workload in the profession click here.
Starting out in a law firm and then branching out into industry is not uncommon, as many lawyers crave a chance for growth and an opportunity to enhance their business skills. Large corporations usually have an in-house dispute resolution department and use law firms only for extremely complex cases. Many in-house lawyers serve as project managers for outside firms hired by company and advise managers and other staff on legal matters.
Oftentimes, working in-house requires greater business savvy than being an associate at a law firm. Many young lawyers opt to earn an MBA to supplement their legal knowledge with the business skills they need to succeed in the private sector. While formal coursework in business is a definite advantage, the daily grind is also an excellent teacher, especially when it comes to working with people. Working at a law firm requires you to understand lawyers, but a business environment often includes a wider cross-section of educational backgrounds.
Ricardo Tosto received his bachelor of laws degree from McKenzie Presbyterian Law School in Sao Paulo. After a stint as an in-house lawyer, he founded a firm that would become one of Sao Paulo’s legendary law firms, Ricardo Tosto & Associates.
In addition to Ricardo Tosto’s litigation and dispute resolution department Ricardo Tosto & Associates is also known for its expertise in labor and employment law. Follow His twitter, Aside from his practice, Ricardo Tosto is dedicated to giving back to his community and makes pro bono services a priority.
Ricardo Tosto, an eminent jurist and one of the major entrepreneurs of Brazilian law, defines Brazilian law and business litigation better. He has more than 25 years of experience in Brazilian law, and that helped him to define and understand almost all the complexities associated with the law. Ricardo Tosto is a partner in Leite, Tosto e Barros Advogados Associados, a São Paulo-based litigation and business consulting firm with more than 400 employees that includes lawyers and assistants.
Brazilian judiciary hierarchy is quite similar to how many of the countries have. The Superior Court of Justice is the highest court with state courts, and federal courts are considered to be ordinary courts. It has specialized courts like electoral courts to handle the disputes related to electoral matter and labor courts to take care of various disputes between employees and firms. Additionally, it has Military courts to ensure justice in Brazilian Armed Forces.
When it comes to business litigation, normally a case is filed by or against a business. There are many types of business disputes generally reported. However, when it comes to businesses, they normally file Breach of Contract, Interference with Business Relationships, Patent or Trademark Infringement, and Unfair Trade Practices. When it comes to the business, it can also be of four types, namely Wrongful Discharge, Bad Faith, False Advertising, and Personal Injury.
As a jurist specialized in business litigation, Ricardo Tosto is regularly consulted by politicians of various ideological shades, for governments, Brazilian and multinational groups, and Non-Governmental Organizations. His leads the lawyers in his firm and helps them in complex case scenarios. Apart from that, Ricardo Tosto trains and engages the new attorneys in making the transition easier. Ricardo Tosto collaborates with other jurists to initiate discussions to shape the business and corporate laws that are needed to address various complex situations of current times including business related cyber laws.
Thor Halvorssen has made a career as a producer of films. He is also a serious advocate regarding human rights. Even the New York Times has classified Thor as a champion who fights for the powerless. Quite simply, he believes in the underdog. In 1989, when he was still quite young, Thor became an advocate and began fighting for human rights. He started his efforts while he was living in London by putting together a group to oppose the South African apartheid.
Thor comes from a background that is a combination of Venezuelan and Norwegian. His involvement on a full time basis in promoting peoples rights began because of his father. When his father was put in prison in Venezuela for his politics, Thor realized just how important due process and human rights really are. He was responsible for founding a Human Rights Foundation in New York, this time because of his mother. There was a political protest in 2004 in which she was shot.
The Human Rights Foundation, or HRF for short has been devoted to political prisoners for quite some time. They work to help liberate these prisoners while trying to achieve both democracy and tolerance inside of Latin America. Since the HRF originally started, seven prisoners have been released. They have given necessary evidence to the Truth Commissions, had amicus briefs put in for submission regarding extremely large human rights cases on an international level and seen to the publication of two books. These books were about the importance of an individuals rights and how the state has responsibilities in these matters. Responsibilities Thor feels they do not always achieve.
Thor founded Oslo Freedom Forum and sits as the companies current CEO. The forum gathers annually as a type of festival honoring human rights. This festival has been described as nothing less than spectacular.
Geoffrey Cone a lawyer and partner at Cone Marshall law firm commented about New Zealand foreign trusts. He says they sound exciting but like most accounts that have to do with taxes they can be mundane.
New Zealand is not known as a tax haven said Mr. Cone. A tax haven is defined as imposing minimal fees or no fees and having laws that prohibit exchange of information with other governments.
New Zealand is one of the first country’s to be placed on the white list by the OECD Model Agreement on Exchange of Information in Tax Matters. It has implemented this law on the tax standard very well. New Zealand has showed leadership in the way it handles tax transparency with its foreign trusts. It has requirements that trustees must follow when other governments request information.
New Zealand residents of foreign trusts are required by the IRD to submit a foreign trust disclosure form. They have to keep financial records for taxes in New Zealand. Trustees must keep records of assets, liabilities, settlements, and distributions for foreign trusts. If the trust is used for a business the trustee must keep track of accounting and records.
These records must be recorded in English and kept in New Zealand. The New Zealand double tax agreement is designed to reduce taxes used for trade and reduce the amount of tax evasion and avoiding payments. New Zealand have over 20 different agreements about taxes concerning the tax information exchange. Most of these rules are to keep people from avoiding paying taxes.
Foreign trusts are used to protect assets and for planning inheritance succession. They are not used for tax planning. The recent growth of the foreign trust is because New Zealand is recognized as a stable and high quality region for foreign trusts We have an excellent judiciary system, and stable legal and professional infrastructure. It a safe place to place your assets said Geoffrey Cone.
The majority of the service providers are lawyers and accountants that are members of the International Society of Trust and Estate Practitioners. Geoffrey Cone graduated from the University of Otago in New Zealand with an advanced degree in tax and trust law. He has practiced commercial litigation, and been involved for years in tax and advisory work. In 1997 he established his own law practice in Auckland called Cone Marshall Limited.
His firm specializes in international trust and tax planning. He also provides trustee and estate planning services through its affliate companies for clients.
Cone Marshall Limited is located in Auckland, New Zealand. It was created in 1999 by Geoffrey Cone who is an experienced lawyer specializing in trust and tax law. There is also an office in Switzerland because Geoffrey’s expertise is valued internationally. At one point in time, he was a legal counselor in the British West Indies. Truly, his heart has remained in Auckland no matter where in the world he traveled. He was born there and went to school at the University of Otago. It was there he discovered his love for practicing the law. He formed a determination to become a lawyer in tax and trust law. Geoffrey spent time in Christchurch and did good work there in commercial litigation. His peers recognized his brilliance and named him the Chairman of Partners for the firm.
Geoffrey is a preeminent lawyer. Thus, he has practiced law at all levels. He has been called on to present cases in front of the Privy Council on several occasions. Clients from many countries lean upon his expertise when they want to know about tax law within New Zealand. Geoffrey has weighed-in on an international scandal involving foreign investors. He wants to bring truth and clarity to a matter that has been obfuscated by the media.
Years ago, foreign investors were suspected of wrongdoing by the media. A series of stories were published that accused them of engaging in lavish partying while they used New Zealand as a tax haven. This story is far from the truth of what happened according to Geoffrey. The truth is that New Zealand is not being used by any foreign investor as a tax haven. The laws of the country protect its citizens from this indignity. New Zealand is a leading country in tax transparency laws. There simply isn’t much room for the corrupt and the dishonest to hide their funds. When a foreigner invests their money in one of New Zealand’s banks, the highest of international standards are applied to their account. The status of the account is reported to their government. This is an absolute requirement.
An American cannot open an account in New Zealand without the United States government knowing about it. There is no way they could hide their money in the country. New Zealand has a policy that makes opacity impossible in the realm of banking. Geoffrey Cone seeks to show the public the truth behind the media’s entertaining narratives.
As a Brazilian business, there are a variety of situations that will require the assistance of a lawyer. Fortunately, most of these cases can be settled out of court. However, acquiring the assistance of a litigation lawyer is necessary in order to protect your company’s business interest. Especially in the case of contracts, environmental compliance and employee terminations. Instead of scrambling to locate a lawyer when these situations occur, take some time to find the best lawyer that will defend your case. The best type of lawyer to choose in the situation is a litigation attorney. Litigators are lawyers that represent Brazilian companies in civil and commercial cases. Litigations lawyers are able to assist throughout the entire process including investigating the case, pretrial and trial.
During the initial phase of the legal process, the litigation attorney will conduct the investigation. The goal of this phase is to locate evidence that supports their client’s case. Evidence can include video tapes, medical records or lab findings. Documents such as medical records and billing and payment history will also be gathered. Witnesses may be interviewed during this stage as well as the hiring of an investigator.
Once the evidence has been gathered the attorneys will enter a pretrial state. Which requires attorneys from the plaintiff and defendant side to negotiate. Fortunately, most cases do not go to trial. It is during this period that attorneys may decide to reach a settlement. However, if a settlement can not be reached the next step is a trial. The litigation attorney must be able to craft a case that supports their client’s position in order to win the case.
Over the years Ricardo Tosto de Oliveira Carvalho has fought hard for each of his clients. His clients include well-known public personalities as well as Brazilian corporations and international organizations. He understands how stressful the situation can be when a trial requires. However, Mr. Tosto has innovative and strategies to resolve litigations. As well as a skilled associated trained under his guidance to provide a smooth experience.
Finding an exceptional lawyer in Brazil is challenging simply because there are so many lawyers available. Thousands of new lawyers graduate each year in Rio de Janeiro alone, making finding the ideal lawyer a daunting task, however, a lawyer who works at one of the big name law firms will generally provide superior legal service and get the job done correctly.
Recent events in Brazil is actually a boon for lawyers who specialize in complex commercial law cases. While Brazil has more lawyers than almost any other nation, only a small percentage of law firms have the expertise to take cases involving Brazil’s business environment. Only the country’s best lawyers are willing to take on work that will be under intense scrutiny, given the high visibility of the executives and politicians involved.
Ricardo Tosto de Oliveira Carvalho is one lawyer whose technical expertise is ideal for commercial litigation cases. He is a partner at the firm he helped found, Leite, Tosto e Barros Advogados, and he often takes on some of the firm’s most complex cases involving commercial and banking law, enviromental law and debt and credit restructuring. Tosto is also a noted political writer; he specializes in election law as well.
Considered one of Brazil’s top lawyers for commercial litigation by Who’s Who Legal, Mr. Tosto stays very busy. He does, however, make time to give lectures, mentor new lawyers at Leite, Tosto e Barros and maintain his membership at the Brazilian Institute for Political Party and Election Law Studies, which he helped found.
Since time in memorial, lawyers have existed and have been responsible for developing rules so that communities can live in an orderly and peaceful manner. In this day and age, lawyers are found on every corner of the globe. The career itself is demanding, and they have to be endowed with some skills so as to give their best. Below are some of the very important skills that a good lawyer must possess.
A good lawyer must have exemplary analytical skills. This goes a very long way in him having the ability to derive useful information from large volumes of information.
A lawyer is also supposed to be creative. A creative person sees reasonable solutions when very complicated and unique situations are experienced.
A good lawyer must have very good research skills. Drafting and preparing a legal strategy requires very large amounts of research. Anybody working in the legal profession must possess very excellent research skills that are very useful when gathering information.
A good lawyer must also have very good interpersonal skills. This is very integral when matters related to developing trusting relationships with those they work with are concerned.
A lawyer must also be a logical thinker. He must have the ability to think logically and make judgments that are reasonable as well as assumptions on the information presented before him.
The best lawyers are made of people who persevere. This is because in very many instances, cases require long hours of work with a lot of writing as well as heavy research. A good legal assistant must be at all times willing to put in the time so as to get the job done.
Good lawyers are also good public speakers and do not fret when addressing the courtroom. They are also supposed to have very good writing skills and comprehension skills so as to have an easy time understanding the complex information contained in the legal documents and research. Ricardo Tosto belongs to the creme de la creme of Brazilian lawyers. He is considered by many in the profession as one of the most prominent strategists in the country’s legal practice. Tosto started humbly with a small office and went ahead to make it one of the most sought after and biggest litigation firms in the country.
Throughout his career, Ricardo Tosto de Oliveira Carvalho has been involved in defending both companies and public personalities in cases that have been very successful. He has been a very notable pioneer in the adoption of different legal mechanisms and has mentored very many young lawyers to become notable names.