Joint and several liability for legal fees for the loss of a case

Abstract

This teaching case addresses the legitimacy of a lawyer claiming full attorney's fees set in favor of the plurality of lawyers acting in the lawsuit, in an enforcement action against only one of the debtors. The controversy arose after the legal victory of Mário Saguethini, represented by attorneys Carol Carvalho and Pietro Valentim, over Violet Faria and Edgar Costa, where attorneys' fees were set. Subsequently, disagreements regarding the division of fees led Carol to file an enforcement action in her favor alone, requesting full payment of the amount, filed exclusively against Edgar, given his favorable financial situation. Edgar, in turn, questions the approach, pointing out the absence of the necessary active joint litigation and the failure to include all debtors in the action. In view of this, this teaching case aims to encourage students to reflect on the social and legal aspects that permeate the problem, as well as to critically reflect on the legal institutes that are inserted in the situation, mainly, joint and several obligations.