Legal opinion of a lawyer

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Ланткевич Кирило

Lawyer

Ukraine / Dnepropetrovsk region

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Publication date: 21.08.2024

I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.

A legal opinion

A legal opinion is a document or declaration containing an assessment of the legal aspects of a certain situation, issue or matter. It is usually compiled by lawyers, advocates or legal scholars based on analysis of legislation, case law, doctrine and other legal sources.

A legal opinion may include:

1. Assessment of the situation: Analysis of specific facts and circumstances of the case.
    
2. Legal Qualification: Determining which legal rules or principles apply to the situation.
    
3. Recommendations: Suggestions for possible actions or strategies for handling the case.
    
4. Conclusions: Generalized summary of legal aspects and possible consequences.

Cases in which a legal opinion may be required:

A legal opinion may be needed in a number of situations where you need to understand legal aspects or confirm the legality of certain actions. Here are some of the main cases where a legal opinion can be useful:

• When preparing and reviewing agreements: Before signing an agreement or contract, especially if it is complex or involves significant financial obligations, a legal opinion will help you understand its terms, risks and legal consequences.
   
• In the process of concluding business transactions: When planning to buy or sell a business, reorganize, merge or take over companies, a legal opinion will help evaluate the legal aspects of the deal and ensure compliance with the law.
   
• When assessing legal risks: If there is a risk of legal claims, disputes or sanctions, a legal opinion can help identify potential risks and suggest strategies to minimize them.
   
• During the resolution of legal disputes: In the case of judicial proceedings or administrative disputes, a legal opinion can help to assess the chances of success, prepare for the trial and choose the optimal defense strategy.

The main stages of the procedure for providing a legal opinion:

1. Background: This section provides general context and describes all the documents and facts on the basis of which the conclusion is prepared. Usually, it is indicated here which documents were provided by the client for analysis (contracts, agreements, corporate documents, etc.). It indicates which legislation or legal system applies to the matter or agreement under consideration. This is important for clearly defining the legal framework of the analysis. Makes it possible to understand under what circumstances the information was provided and what documents were examined.
    
2. Investigative part (Documents reviewed and inquiries made): Indicate exactly which documents were reviewed (originals, drafts or copies) and what information was obtained. Requests to state registration, tax, patent or other administrative authorities are described, as well as the results of these requests. This stage helps the client and other parties to understand on the basis of which documents and data the conclusion was prepared. Indicates that all the necessary stages of information collection and verification have been completed, which increases the reliability of the conclusion.
    
3. Assumptions: General assumptions are included, such as the legal capacity of the parties, the intention to enter into an agreement, the authenticity of documents, the accuracy of information. Depending on the specifics of the deal or project, special assumptions may be made that are key to the analysis. Assumptions provide context for legal analysis and help determine which facts are considered true for purposes of inference. They indicate the limits within which the analysis is made and may affect the accuracy and applicability of the conclusion.
    
4. Opinion: The lawyer provides clear answers to legal questions or problems raised by the client. Includes legal analysis of a deal or situation. Caveats or limitations may be included that clarify or limit the applicability of the conclusion, such as the need to consider foreign law or the difficulty of enforcing the agreement in another jurisdiction.

Lawyer services for the preparation of a legal opinion:

The lawyer help in the preparation of a legal opinion includes several key stages and aspects that provide a comprehensive and accurate analysis of legal issues or agreements. Here are the main types of legal services:

 

Assessment of client needs and lawyer consultation: Lawyers online conduct an initial consultation with the client to clarify the details of the case or agreement, as well as to determine specific needs and expectations. Identifying specific issues or problems to be resolved through legal opinion.

  

Collection and analysis of documents: The lawyer services online receives and checks the documents provided by the client, such as contracts, agreements, corporate documents, etc. If necessary, the lawyer can submit requests to government authorities, registration or tax authorities for obtaining additional information.

 

Legal analysis of the situation: Analysis of documents and facts, application of relevant legal norms and principles. Study of case law, legislation and legal sources relating to a specific issue or agreement. The lawyer formulates the assumptions on which the legal conclusion is based, such as the legal capacity of the parties, the validity of the documents, the accuracy of the information provided.

Legal services for writing a legal opinion: Preparation of a document according to the established structure: source data, research part, assumptions, conclusion. Formulation of a legal opinion, which contains answers to the client's questions, as well as possible caveats.