The professional responsibility of dental surgeon has been discussed actually, due the increase of lawsuits involving these professionals. This study have the aim to evaluate perception of advocates from Araçatuba City, SP State, Brazil, about professional responsibility of dentalsurgeon, according the type of assumed duty; professional duty during the first consultation; the existence of adequate documentation to serve like judge proof and avoid to judge the lawsuit against dental surgeon. Just 318 questioners were distributed for advocates and 151 of them were answered. Although majority of lowers affirmed that assumed duty by professional vary according to the case, they believes that dental surgeon should guarantee treatment success, contradictorily.For them, dental surgeon doesn't have documentation capable to make judge proof and would be demanded if patient feel mistaken. The satisfaction with treatment probably would make patient to desist of lawsuit. It?s possible to conclude that there isn't consensus about professional duty of dental surgeon, this professional isn't documented adequately and the good relation between professional-patient can avoid judge lawsuit deliberated.