how to counter a opinion letter from attorney

Is a legal opinion 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 the purpose of an attorney opinion letter?

The opinion letter is a formal letter drafted by an attorney. The aim is to verify the legal status of either you or your business.Dec 17, 2018

What is the value of a legal opinion?

The purpose of a legal opinion in a transaction is to provide an additional layer of assurance to the party receiving the opinion. In loan transactions in the United States, it is customary for the borrower's counsel to provide an opinion to the lender (but not vice versa).

What is an enforceability legal opinion?

Enforceability Opinion means an executed original of a written legal opinion from counsel for Seller (such counsel to be reasonably acceptable to Buyer), concerning this Agreement and the Ancillary Documents (including enforceability and due authorization thereof) and related matters, in form and substance satisfactory ...

What do you think is the most important part of a legal opinion letter?

iv. When a reasoned opinion is rendered, the most important parts of the opinion are the statement of facts, particularly including the facts assumed to be true, the exceptions and the analysis on which the conclusion is based.

What is a legal letter of opinion?

An opinion letter is a formal expression of a judgment or advice based on the attorneys' legal knowledge and expertise in an area of law. The term "legal opinion" is commonly used to refer to a document containing a lawyer's or law firm's understanding of the law that applies to a particular case.

What should a legal opinion contain?

For completeness sake, a legal opinion should set out the following:The background.The cause (or what led to the opinion being sought).Mandate or instruction (and what do you aim to analyse).Methodology (for your analysis).Analysis (cross referencing to legal precedent and/or authority).More items...•Nov 1, 2017

Who can provide a legal opinion?

Depending on the analysis of some facts which may be past or present, a lawyer can give a legal opinion. In some cases such as property cases, a legal opinion can be obtained, for other issues related to past or current affairs, a legal opinion can be obtained.Oct 12, 2020

How do you end a legal advice letter?

Remember if a letter has begun with 'Dear Sir' it should close with 'Yours faithfully' and if it has begun with the client's name with “Yours sincerely.

How do you write a good legal opinion?

The legal opinion letter must use appropriate terminology An opinion should be written in good grammar. An opinion should be written in clear and precise terms. An opinion should include accurate legal terminology where necessary. An opinion should deal appropriately with medical or other expert terminology.

How do I request a legal opinion?

2 Answers the problem is deed of family settlement has not been stamped and registered . such a document would be in admissible in evidence . it is better to obtain deed of relinquishment from your 2 aunts. it should be duly stamped and registered.

Should you provide legal opinion in a letter?

The main purposes of a legal opinion are: to inform the client or the lender of the possible leagl risks and effects of a transaction or matter. A legal opinion letter may also insulate the buyer and seller from legal liability if it is later determined that the transaction violated laws or regulations.

What does a legal opinion contain?

Legal opinions involve conclusions of law as applied to facts that are either known to or assumed by the law firm. (1) Legal opinions usually should not contain representations of fact by the law firm.

What is the benefit of a legal opinion?

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

What is the difference between legal advice and legal opinion?

It points to the key difference between a legal opinion and legal advice—i.e., that a legal opinion is an attorney's analysis based on past or present facts, while legal advice is an attorney's counsel and guidance as to what future actions the client should take.

Is legal opinion legally binding?

The recipient of the opinion will then rely on its contents as a basis for entering into the transaction. ... A legal opinion will seek to reassure a lender that the transaction documents will: (i) bind the parties involved in the transaction; and (ii) be enforceable against those parties.Aug 22, 2018

How do you format a legal opinion?

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...•Aug 5, 2016

How do you end a legal advice letter?

Remember if a letter has begun with 'Dear Sir' it should close with 'Yours faithfully' and if it has begun with the client's name with “Yours sincerely.

Who can provide a legal opinion?

Depending on the analysis of some facts which may be past or present, a lawyer can give a legal opinion. In some cases such as property cases, a legal opinion can be obtained, for other issues related to past or current affairs, a legal opinion can be obtained.Oct 12, 2020

How do you write an opinion letter?

Structure of an Opinion Letter Salutation – The greeting with the recipient's name (e.g. Dear Ms. Smith). Introduction – A short one-paragraph statement of the purpose of the letter. Statement of Facts (only include when instructed) – A short statement of the relevant facts.

What are lawyers opinions?

The purpose of providing the legal opinion is two-fold: to inform the addressee of the legal effect of a transaction or matter; and. to identify legal risks that the addressee should consider and further evaluate.Dec 20, 2021

Are advice and opinions the same?

So a key to success is learning the difference between advice and opinion. Advice is based on knowledge, experience or industry expertise; whereas an opinion is based on what someone thinks, not what they know. The success of your business will be based on your ability get expert advice.

How to write an opinion letter?

Most MPT’s have instructed examinees to draft the body of an opinion letter as follows: 1 Question – state the question or issue, 2 Short Answer – provide a short answer to the question stating your opinion, and 3 Legal Analysis – a detailed analysis of the legal issues, including how the applicable law and relevant facts lead to your answer.

What is legal analysis?

Legal Analysis – a detailed analysis of the legal issues, including how the applicable law and relevant facts lead to your answer. Each issue should be discussed separately using the above format.

What is a statement of facts?

Statement of Facts (only include when instructed) – A short statement of the relevant facts. Body (Heading, Question, Short Answer, & Legal Analysis… for each issue) – For each issue include a heading, state the question or issue, provide a short answer to the question stating your opinion, and then perform the detailed legal analysis.

What is an opinion letter?

Opinion letters are usually addressed not to the firm’s client but to another party in the transaction itself. When something doesn’t go right with the transaction and the deal falls through, buyers and lenders seek recourse and not just against the seller or borrower.

What is a buyer's counsel?

In every one of these transactions, a seller or buyer’s counsel is tasked with writing an opinion letter that addresses various matters at hand in the deal. But this is a fragile task that can lead to risks.

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Mistakes and Analysis

Below is an analysis of this letter, including commentary drawn from similar letters I have seen in my onsite seminars in "Claims Writing." These comments, on both writing and insurance issues, aim to help you spot pitfalls in your own letters and those of your colleagues.

Avoiding an Adversarial Tone

Here are a few tips on tone to help prevent this type of inappropriate tone.

Conclusion

Writing to an opposing attorney is never easy. You must weigh your words as carefully as any professional writer might in writing an article or essay. Your job is not just to win court cases, it is to maintain relationships and sell your settlements so that you never even get to court. This skill doesn't get much play in college writing courses.

What is an attorney opinion letter?

An attorney opinion letter is a document addressed to either his client or the institution where his client is sending the letter, verifying that to the best of his knowledge, the client is in compliance with the relevant law. Mostly commonly, attorney opinion letters may be required for transactions with lenders, ...

What is a contracting letter?

Contracting Letter. A business entering into a contract can a request an opinion letter from the other business' attorney, certifying that the main parts of the contract are legally enforceable.

Can a bank require an opinion letter from a borrower's attorney?

A bank can require an opinion letter from the borrower's attorney. The borrower has to provide to his attorney an opportunity to go through all the financial documents pertaining to the business. After reviewing the documents, the attorney writes a letter assuring the bank that he reviewed the financials and according to his expert opinion as an ...