by law the california state attorney general must give a written opinion when requested to do so

Full Answer

Can I request an attorney general’s opinion?

2. Can I request an Attorney General’s opinion if I am … …a constitutional officer? Yes. The Attorney General may provide opinions to the state's constitutional officers, which are the Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, State Lands Commissioner, Superintendent of Public Instruction, and Insurance Commissioner.

What is the role of the Attorney General?

The Attorney General is authorized to give opinions on questions of law to state legislators, heads of state departments, district attorneys, county counsels, sheriffs, and to city attorneys in their prosecutorial capacities. The Attorney General is not permitted to give legal opinions to members of the public.

Is the Attorney General’s interpretation of a statute binding?

“Although an official interpretation of a statute by the Attorney General is not controlling, it is entitled to great respect.” ( Thorning v. Hollister School District (1992) 11 Cal.App.4th 1598, 1604.) “Opinions of the Attorney General, while not binding, are entitled to great weight. [Citations.]

What are advisory opinions?

These are advisory opinions regarding the ethical propriety of hypothetical attorney conduct. Although advisory opinions are not binding, Rule 1-100 of the Rules of Professional Conduct encourages lawyers to consult advisory opinions for guidance.

Are California attorney general opinions binding?

Are the Attorney General's opinions binding? The Attorney General's opinions are advisory, and not legally binding on courts, agencies, or individuals.

What is a legal opinion letter?

A legal opinion is a formal letter from your company's corporate counsel to the investors containing counsel's conclusions about various legal matters relevant to the company and the transaction, based on counsel's review of a defined body of documents and information.

How do you serve the California attorney general?

Serve appellate briefs and petitions electronically (the preferred method). Or serve by mail to: Appellate Coordinator. Office of the Attorney General....The request should be sent to:17508 Coordinator.Office of the Attorney General.Consumer Protection Section.455 Golden Gate Avenue, Suite 11000.San Francisco, CA 94102.

How do I file a complaint with the California attorney general?

Attorney General California Toll-Free Complaint Number: 1-800-952-5225. Submitting a complaint by Mail (Download, fill out, and mail this form): P.O Box 944255, Sacramento 94244. Submitting a complaint by FAX (Download, file out, and fax this form): (916) 323-5341.

What are the documents required for legal opinion?

Document Checklist: Property Legal Opinion/Verification for Buying a Property in BangaloreSale Deed/Title deed /Mother Deed/Conveyance Deed.RTC Extracts.Katha Certificate and Extracts.Mutation Register Extracts.General Power of Attorney.Building plan sanctioned by the Statutory Authority.More items...•

Is a legal opinion binding?

A legal opinion is a required closing delivery for many financing transactions, but the nature and purpose of legal opinions is often misunderstood by the non-lawyers who are involved in the transaction.

What are the duties of the Attorney General?

The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.

How much does the California attorney general make?

State executive salariesOffice and current officialSalaryGovernor of California Gavin Newsom$209,747Lieutenant Governor of California Eleni KounalakisAttorney General of California Rob BontaCalifornia Secretary of State Shirley Weber7 more rows

What does a state Attorney General do?

They represent the State in all lawsuits and transactions for and against the State. They work and function in the same way as ordinary attorneys.

How do I file a complaint with the state of California?

ToolsRegister On-Line.Registro No Llame.Or Call Toll Free. (888) 382-1222. TDD (866) 290-4236.

How do I write a complaint letter?

When writing a complaint letter you should: describe your problem and the outcome you want. include key dates, such as when you purchased the goods or services and when the problem occurred. identify what action you've already taken to fix the problem and what you will do if you and the seller cannot resolve the ...

What does the California Department of Consumer Affairs do?

DCA is a regulator – DCA investigates consumer complaints on issues under its jurisdiction. If violations are found, license holders can face discipline that includes probation, suspension or revocation of a license, fines and citations, letters of reprimand, or cease and desist orders.

How do you write a legal opinion letter?

An easy way of analysing is to first set out the law and the provisions of the law (or laws) that are applicable. Then you go on to summarize the binding precedents (judgments of the Supreme Court and the High Court of the State exercising jurisdiction over the subject matter) with full citations.

What is the purpose of legal opinion?

An opinion from lawyers issued in letter form expressing legal conclusions about and/or legal analysis of a transaction 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 or matter.

How do you write a legal opinion paper?

How to Write an Opinion LetterState the facts: The facts are the answers to the client's questions. ... Analysis: For an easy analysis, first set out the provision of the law and the law itself. ... Answer the query: To answer the query, you will rely on the fact and analysis sections.More items...•

What is the difference between an opinion letter and a demand letter?

A demand letter is designed to persuade the reader to act in a manner that benefits the client, for example, to pay a debt. The body of a demand letter is similar to the body of an opinion letter. The major difference is that the law and analysis are drafted in a persuasive manner.

How to Submit A Question of Law For Ag Consideration

The Attorney General is authorized to give opinions on questions of law to state legislators, heads of state departments, district attorneys, count...

How to Submit A Quo Warranto Application

Quo warranto is a special form of legal action, most often used to resolve a dispute over whether a specific person has the legal right to hold the...

How to Request A Copy of An Existing Opinion

A copy of a published opinion may be obtained by contacting the Opinion Unit: 1. Office of the Attorney General 2. Opinion Unit, Dept. of Justice 3...

Who can the Attorney General give opinions to?

Under this statute, the Attorney General may give opinions only to these specified public officials, and not to private individuals or to public officials who are not listed in the statute.

How to find Attorney General's opinion?

Legal opinions of the Attorney General may be viewed on this website by clicking on the links under Tools in the right sidebar. Within those links, you may search for opinions by the year published, opinion number, official citation, or key word or phrase from the text of the Opinion's Conclusion.

What is a 12519 opinion?

Government Code section 12519 states that opinions will be provided on "questions of law." Requests that require factual investigations or that would require the resolution of a factual despite are declined. Requests for advice, or for policy determinations, are also declined.

What is the role of the California Attorney General?

As the chief law officer of the state, the California Attorney General provides legal opinions upon request to designated state and local public officials and government agencies on issues arising in the course of their duties. The formal legal opinions of the Attorney General have been accorded "great respect" and "great weight" by the courts.

What does the Attorney General do?

The Attorney General interprets this as permitting opinions to be provided to state-level departments, agencies, boards, and commissions. This does not include local agencies, even when the local agency has been organized under state statutes.

What is a quo warranto?

Quo warranto is used to “try title” to a public office —for example, to determine whether a public official satisfies a requirement that he or she reside in the district; whether a public official is serving in two incompatible offices; or whether an election or appointment process was done according to law. Quo warranto is not available to decide whether a public official has committed misconduct in office. Other forms of action are available for that purpose.

Why does the Attorney General decline a request?

Occasionally, the Attorney General declines a request because it presents a conflict of interest with respect to other legal matters that the Attorney General’s Office may be involved in. 6.

What is the role of the California Attorney General?

As the chief law officer of the state, the California Attorney General provides legal opinions upon request to designated state and local public officials and government agencies on issues arising in the course of their duties. The formal legal opinions of the Attorney General have been accorded "great respect" and "great weight" by the courts.

Who can submit questions of law to the Attorney General?

The Attorney General is authorized to give opinions on questions of law to state legislators, heads of state departments, district attorneys, county counsels, sheriffs, and to city attorneys in their prosecutorial capacities. The Attorney General is not permitted to give legal opinions ...

What is a quo warranto?

Quo warranto is a special form of legal action, most often used to resolve a dispute over whether a specific person has the legal right to hold the public office that he or she currently occupies. The statutes relating to quo warranto are in the California Code of Civil Procedure, starting at section 803. Generally speaking, a quo warranto action may not be filed without the approval of the Attorney General. In order to obtain the Attorney General’s approval, a private person or a local agency must file an application pursuant to the rules and regulations issued by the Attorney General. (Cal. Code Regs., tit. 11, §§ 1-11.) The application and supporting documents must be prepared by a licensed attorney. More information on preparing an application is available on our Quo Warranto page. To submit a Quo Warranto application, or to ask questions about how to submit an application, please contact: 1 Marc J. Nolan 2 Deputy Attorney General 3 Office of the Attorney General 4 Opinion Unit, Dept. of Justice 5 300 South Spring Street 6 Los Angeles, CA 90013 7 [email protected]

What is monthly opinion report?

Monthly Opinion Report- View the current report of pending assignments and activities of the Opinion Unit with links to newly issued opinions.

Can a quo warranto be filed without the approval of the Attorney General?

Generally speaking, a quo warranto action may not be filed without the approval of the Attorney General. In order to obtain the Attorney General’s approval, a private person or a local agency must file an application pursuant to the rules and regulations issued by the Attorney General. (Cal. Code Regs., tit. 11, §§ 1-11.)

What is the role of the California Attorney General?from oag.ca.gov

As the chief law officer of the state, the California Attorney General provides legal opinions upon request to designated state and local public officials and government agencies on issues arising in the course of their duties. The formal legal opinions of the Attorney General have been accorded "great respect" and "great weight" by the courts.

Who can submit questions of law to the Attorney General?from oag.ca.gov

The Attorney General is authorized to give opinions on questions of law to state legislators, heads of state departments, district attorneys, county counsels, sheriffs, and to city attorneys in their prosecutorial capacities. The Attorney General is not permitted to give legal opinions ...

What is a quo warranto?from oag.ca.gov

Quo warranto is a special form of legal action, most often used to resolve a dispute over whether a specific person has the legal right to hold the public office that he or she currently occupies. The statutes relating to quo warranto are in the California Code of Civil Procedure, starting at section 803. Generally speaking, a quo warranto action may not be filed without the approval of the Attorney General. In order to obtain the Attorney General’s approval, a private person or a local agency must file an application pursuant to the rules and regulations issued by the Attorney General. (Cal. Code Regs., tit. 11, §§ 1-11.) The application and supporting documents must be prepared by a licensed attorney. More information on preparing an application is available on our Quo Warranto page. To submit a Quo Warranto application, or to ask questions about how to submit an application, please contact: 1 Marc J. Nolan 2 Deputy Attorney General 3 Office of the Attorney General 4 Opinion Unit, Dept. of Justice 5 300 South Spring Street 6 Los Angeles, CA 90013 7 [email protected]

Can a quo warranto be filed without the approval of the Attorney General?from oag.ca.gov

Generally speaking, a quo warranto action may not be filed without the approval of the Attorney General. In order to obtain the Attorney General’s approval, a private person or a local agency must file an application pursuant to the rules and regulations issued by the Attorney General. (Cal. Code Regs., tit. 11, §§ 1-11.)

When an attorney agrees to draft a document with legal significance for another person, the person who must sign the document?

SD 1990-3 When an attorney agrees to draft a document with legal significance for another person, the person who must sign the document for it to have any effect becomes a client, regardless of who asked the attorney to draft the document, who paid for the services , or whether the attorney ever meets with the person who will be signing the will.

What LA law requires a lawyer to destroy office files?

LA 491 (1997) Attorney Office Files - Destruction when Client Deceased. Before a Law Firm may destroy its office files of a deceased client where there is no preexisting agreement or statutes governing disposition thereof, the Law Firm is obligated to give or attempt to give notice to the legal representatives or residuary legatees of the deceased client that the Law Firm intends to destroy the office files, except where (i) there is no pending matter or any reasonably foreseeable possibility that the files may be necessary to pursue or protect legal interests of the deceased client; and (ii) there is a reasonable belief that there are no documents of significant pecuniary or intrinsic value. In the event the legal representative or residuary legatees seek to inspect or obtain return of documents from Law Firm's office files, this must be done without compromising the Law Firm's duty to maintain the deceased client's confidence and secrets.

What is the duty to retain client files?

LA 475 (1993) Client Papers - Duty to Retain or Return. When a law firm maintains in storage client files relating to matters that have been closed for several years, and then the law firm dissolves, the members of the firm who have responsibility for winding up the affairs of the firm have an ethical obligation to use all reasonable means to contact the former clients to notify them that their files may be retrieved. If, after diligent efforts to notify a former client of the availability of the closed file and of the plan to destroy the file if no contrary instruction is received, and after a sufficient period of time has passed since the notice was sent and since the matter was closed, the former client makes no response, then the dissolved firm's former partners may destroy the file, with the exception of any intrinsically valuable materials. They must not reveal any client confidences or secrets in the process of destroying the files. The Committee strongly recommends that lawyers arrive at some agreement with their current clients regarding the handling and disposition of files once matters are closed in order to avoid the ethical and practical problems which may be caused by not having instructions from former clients as to the disposition of closed files. Ideally, this subject should be addressed expressly in writing at the outset of an engagement.

What is a CAL 2007-174?

CAL 2007-174 Is an attorney ethically obligated, upon termination of employment, promptly to release to a client, at the client’s request, (1) an electronic version of e-mail correspondence, (2) an electronic version of the pleadings, (3) an electronic version of discovery requests and responses, (4) an electronic deposition and exhibit database, and/or (5) an electronic version of transactional documents?

What is the CAL 1975-36?

CAL 1975-36 Ethical responsibilities involved in preserving the identity of trust account funds.

What is SF 1985-1?

SF 1985-1 Informal: It is proper for an attorney to allow or encourage his or her client to attempt to resolve a dispute by communicating directly with an opposing party, so long as the client is not directly or indirectly acting as an agent of the attorney. Any implication to the contrary in informal opinion 1973-25 is disapproved.

What is the duty of an associate of an attorney under a disability?

The duty of an associate of an attorney under a disability, is to advise the attorney's clients in writing of such disability and of their right to select other counsel; in the event a client's matter requires immediate attention the associate should take such action as may be required to preserve the client's rights.