Preparation of a legal opinion on various legal issues of doing business
Considering the variety of branches of legislation regulating entrepreneurial activity, it can be quite difficult and time-consuming for businesses to figure everything out on their own. In this regard, in order to obtain a qualified opinion, business prefers to turn to competent and experienced lawyers and lawyers to form a legal opinion. A legal opinion can be prepared on any legal issue or on a set of business issues. Given the diversity of legal norms, both individual entrepreneurs and large companies can turn to services for the formation of a legal opinion.
The formation of a legal opinion on an issue of interest is a fairly new direction for Russian law. However, a large number of business leaders and entrepreneurs prefer to get a legal opinion before making any decision.
So, in order to form a legal opinion, a lawyer will need documents from the client related to the topic under study, as well as a description of the situation, as a result of which the customer needed to draw up a legal opinion. After receiving the initial data, the lawyer studies the situation and prepares a legal opinion.
It is important to note that when drawing up a legal opinion, a qualified specialist reflects not only the client's situation, but also the legal justification, including with references to current regulatory documents. At the same time, it is necessary to reflect legal recommendations to the customer in the legal opinion. Often a legal opinion consists of several main parts:
- A description of the situation that reflects the underlying facts provided by the client.
- Questions raised by the client.
- Legal assessment.
- Conclusions and recommendations.
The section “description of the situation” includes a description of the client’s situation and sets the task to study the legal aspects and the applicable law to specific conditions. The “legal assessment” section reflects the rules of law applicable to specific conditions with references to legislative acts, however, in this case, the information must be presented not only with references to legislation, but also in a language understandable to the client. The “conclusions and recommendations” section reflects the general legal position on the issue raised, the client’s behavior is worked out, and possible risks for the customer are also necessarily indicated.
As a rule, a legal opinion is necessary to form the legal position of the client’s behavior when interacting with a counterparty or when representing in court. However, given the diversity of the law, the situations in which a client may need a legal opinion are very diverse. These include the following questions:
- Pre-trial settlement of the conflict.
- Participation in legal proceedings (including as a plaintiff, defendant (for example, upon receipt of a claim)).
- Creation of a business, its purchase, sale or re-registration.
- When concluding a contract (delivery, sale, marriage contract, etc.).
- Making a decision to invest in the proposed projects.
- Bankruptcy of the debtor.
- Acquisition of real estate.
- Minimization of risks when interacting with contractors, etc.
Engaging a qualified lawyer to form a legal position on a specific issue is not just a strategy of legal behavior, it is a full-fledged comprehensive study of a specific situation with references to legislation, as well as an assessment of possible risks that a client may face when implementing a particular decision. It will be quite difficult for the customer to independently study and form a legal position on a specific issue, this is due to the large number of federal laws and by-laws that reflect the legal position on a specific aspect, their interaction with each other, as well as the application of these rules of law in practice.
As a rule, a legal opinion is formed at the request of a client by a specialized law firm, a lawyer or a lawyer. At the same time, an agreement is concluded between the client and the contractor and the customer on the preparation of such a legal opinion, which reflects the main aspects of the ongoing legal research, the timing of such research and the formation of a legal opinion, and also reflects the cost of such a service.
It is important to note that a comprehensive study of the issue may take quite a long time, in this regard, it is recommended to contact specialists to obtain a legal opinion in advance. However, do not forget that obtaining a legal opinion at any stage of a legally significant action for the customer can positively affect the decision and outcome of the case, as well as protect against possible risks.
The formation of a legal opinion on a specific issue or situation allows the customer not only to obtain a reasonable legal position with a description of the situation with references to legislation and risk assessment, but also to avoid unforeseen circumstances that could harm him or lead to adverse consequences.
- Legal analysis of the circumstances and questions raised by the client
- Elaboration of a legal position on a specific issue of the client, taking into account possible risks for the customer
- Preparation of a legal opinion
- Preparation of necessary legal documents at the request of the client