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The São Paulo branch of the Brazilian bar association forced the cancellation last week of a seminar on U.S. law that was to be given by U.S.-based attorneys because those attorneys weren't registered in the country as foreign legal advisers.

The Order of Brazilian Attorneys in São Paulo warned March 6 that providing legal advice without registering as a foreign legal adviser could result in fines or even incarceration.

Furthermore, the group said that registered foreign legal advisers are forbidden from holding marketing events and educational seminars aimed at capturing clients in Brazil. They said a representative of the local chapter of the bar association, Ivan Rafael Bueno, personally delivered the message and explained the "seriousness" of the situation.

The event organizers opted to cancel.

Pressure to nix the seminar demonstrates that Brazil's legal industry is pushing for more stringent enforcement of the boundaries that foreign lawyers must observe when operating in Brazil. At the national level, the Brazilian bar association said in January that it would look more closely at how foreign law firms conduct themselves in the country following multiple complaints that global firms appeared to be providing prohibited advice on Brazilian law.

The Order of Brazilian Attorneys allows non-Brazilian firms to advise on legal matters in their home countries but expressly forbids foreign law firms from consulting on Brazilian law even if they do so in conjunction with Brazilian members of the bar association. Foreign attorneys must register to conduct business with the association, which grants authorizations on a discretionary basis.

Brian Barakat, a Miami-based attorney and former prosecutor who was scheduled to speak about legal protections and litigation options for foreign investors in Florida, said he plans to now apply to become a foreign legal consultant in Brazil.

"If that's their regulation, then we're very happy to comply with it," he said by phone from Coral Gables, Florida.

Barakat had already traveled to São Paulo when the seminar aimed at individual investors was canceled. He finds the stipulation that international lawyers register as foreign legal consultants completely reasonable.

"Once they explained, we understood completely," he said.

A flyer for the event promised to explain the ins-and-outs of contentious legal disputes in the American justice system so that Brazilian investors could protect their investments in real estate, businesses and even publicly traded securities. It was to be held at Hotel Unique, a trendy hotel in the upscale Jardim Paulista neighborhood.

Others scheduled to appear included Alexandre Piquet, an attorney with offices in Miami and New York who specializes in helping international clients establish business and legal residence in the U.S., and Chase Carlson, a Miami-based attorney who focuses on investment fraud litigation. Neither Piquet nor Carlson responded to requests for comment.

Difficult economic conditions have propelled more Brazilians to migrate to the U.S. in recent years, while concerns for personal safety have also motivated some to leave Latin America's largest economy. Many of these Brazilians have settled in South Florida.

Brazil's consul general in Miami, Adalnio Senna Ganem, estimated three years ago that 300,000 Brazilians live in Florida — constituting the largest Brazilian community in any state of the country.

In addition, Florida serves as a gateway for Brazilian companies and products into the North American market. Bilateral trade between Brazil and the U.S. topped $34 billion in 2018.

Those economic ties provide a compelling case for South Florida-based attorneys to do business in Brazil.

"We plan to return as soon as we have complied with the bar's regulations," Barakat. said.

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