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Legal Opinion

Also called an legal advice letter, is an opinion from lawyers issued in letter form expressing legal conclusions about and/or legal analysis of a transaction/cases or matter which is relied on by the addressee of the opinion.

The main purposes of a legal opinion are:
  • To inform the addressee of the legal effect of a transaction/cases or matter.
  • To identify legal risks that the addressee should consider further and evaluate.

For example, in a cross-border transaction, a legal opinion may be obtained from lawyers in a foreign jurisdiction opining on whether a transaction document is valid and enforceable in that jurisdiction and complies with local law.  A legal opinion is not a substitute for legal advice which, in a transactional context, is likely to be more extensive.

The ability to create a legal opinion is an important part of practice at the Law Office if you want to be professional Lawyer. Not what people thinks of when consider going to your Law Office, perhaps. But the writing of an opinion is often a necessary preliminary to the final appearance in court. A carefully written opinion can form the basis of the argument that subsequently you are called upon to present in Court.

Step of Legal Opinion:
  1. Identify legal issue. Identify all legal issues and formulate the problem appropriately;
  2. Identify legal facts to case analyze;
  3. Identify the all related statute & its regulations;
  4. Apply the identified statute & regulation to the case;
  5. Include the all court decision related;
  6. Conclusion, include: is it contrary? based on law or not?, then write the final recommendation;

Legal Opinion Writing:
  1. Preliminary: short brief of client request, state the purpose.
  2. Case position requested to be analyzed;
  3. Material related to legal issues such as: information, oroginal or copy documents, witness, etc.
  4. Write all the legal base to create the legal opinion;
  5. Fact & chronological description to know the origin of case;
  6. Legal analyze: outlines lawyers' legal considerations on the subject matter based on the law and documents owned by the client.
  7. Conclusion & alternate actions, recommendation.

to be contd

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