Lawyers frequently use legal opinions to offer specific advice on a case for a client or in a bidding situation within the legal industry.
The author expresses his legal opinion formally in this piece, addressing any uncertainties or debates.
The Juridico AI team has created this guide to help you gain a deeper understanding of the Legal Opinion. Ready to get started?
Attorneys’ fees are given priority over tax credit, as decided by the Supreme Federal Court (STF).
What does Legal Opinion mean?
The Legal Opinion is a formal document that provides a detailed analysis by a legal expert on a specific case, and it can be addressed to individuals or entities.
The Opinion does not constitute a judicial decision; rather, it is solely a legal viewpoint.
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What is the reason for a Legal Opinion?
The Legal Opinion is intended to offer value by addressing a specific matter or procedure and presenting potential resolutions.
Lawyers often rely on expert opinions in contentious cases with significant financial stakes to demonstrate a more solid stance, especially in legal matters involving diverse personal interests in corporate or public sectors.
The Legal Opinion is commonly used in legislative and arbitration projects when a higher level of legal detail is needed, but formal legalities are less emphasized.
Types of Legal Opinions – Varieties of Legal Views
The four primary types of legal opinions are: discretionary, obligatory, compulsory, and regulatory.
Let’s examine each of these categories listed.
Opinion that is not required
The most frequent kind is the discretionary legal advice. It is given to an individual or entity solely to provide an evaluation of a specific situation.
The applicant does not have to follow the opinion’s suggestions, as they are not mandatory.
Customer opinions that focus on the steps to be taken in the legal process are typically provided as an illustration.
Required viewpoint
The necessary legal opinion needs to answer a court’s request, meaning there is a rule that defines the request.
An opinion must be accepted to be considered obligatory, meaning it must be developed but following it is not required.
Bidding rules opinions are a good illustration as their requirement is outlined in Article 38 of Law 8.666/93.
Legal proceedings
The binding legal opinion is known for its responsibility to create and track.
Some instances include the viewpoints expressed by prefectures regarding specific actions, as well as those put forth by the Union to address broader issues.
Common belief
The regulatory legal opinion acquires authority through an Administration decision, as it offers an interpretation of a specific legal matter.
The normative opinion is an unusual occurrence that acquires a formal legal status, providing a precedent for similar situations.
Read our article about the initial Tutela prerequisites.
What should be included in a legal opinion?
A legal opinion needs to be precise, technical, and logical, showcasing expertise in the subject matter, laws, and legal precedents, and providing guidance for a sound decision.
A legal opinion should include the key elements listed below:
Opinion identification
- “Legal Halt” or “Technical-Legal Halt”
- Number of Feedback (if relevant).
- Date and place.
Ask for something
- The name of the individual, organization, or department that sought the advice.
- If it is internal, such as a company or a government agency, specify the department or office.
Object delimitation
- Clear and unbiased explanation of the legal matter to be examined.
- It might contain a recap of the pertinent information and paperwork included.
Paraphrase: Foundation
It is the crucial section of the viewpoint and should include:
a) Laws that are relevant
- Identification of important legal instruments such as the constitution, statutes, decrees, regulations, etc.
(b) Legal principles and court decisions
- Citations from well-known authors, doctrinal stances, and legal judgments that support an argument.
Legal analysis (c)
- Analyzing the facts based on the law.
- Possible disagreement leading to confrontation.
- Legal risks, if present, should be indicated.
Conclusion
- Clear response to the inquiry, including the reviewer’s stance.
- You may offer suitable legal options if relevant.
- In certain situations, there are useful suggestions.
Signature
- Full name, OAB number (if the reviewer is a lawyer), and, when relevant, their position or role.
Paraphrase: Notes at the bottom of a page
- Research sources must be listed, such as books, websites, court rulings, and other materials referenced.
Annexes are not required.
- Documents examined in the assessment.
- Information presented in tables, spreadsheets, or excerpts from pertinent laws.
How to create a legal opinion?
Here is a detailed and practical guide to creating a legal opinion.
- Listen to the advice given and gather details: Communicate with the individual or organization seeking advice to grasp the situation, queries, and objectives. Obtain all pertinent paperwork and details related to the matter.
- Clearly identify the legal issue and avoid discussing broad topics to ensure a more accurate opinion.
- Organize and display the information: Present all relevant facts in a chronological and objective manner to provide context and enhance reader comprehension of the issue.
- List the specific questions that the opinion should address based on the consultation and submitted documents.
- Research laws, scholarly interpretations, and court decisions: Conduct a thorough examination of the relevant laws, scholarly interpretations, and judicial rulings associated with the matter.
- Present well-founded legal arguments by linking facts to relevant laws and legal principles. Demonstrate how each regulation or legal precedent is applicable to the case at hand, constructing a coherent rationale.
- Show the potential routes and outcomes: Present the available choices for consideration, highlighting the benefits, risks, and practical implications of each option.
- Answer the question(s) provided in a clear and logical manner, providing accurate guidance on the necessary steps to take.
- Ensure that the text is formal, clear, and well-organized, avoiding ambiguous or outdated terms, and tailor the language to the intended audience (company, public entity, individual).
- Include the full identification, qualifications, and signature of the professional reviewer to ensure authenticity and technical accountability.
By adhering to these guidelines, you will guarantee a coherent, logical, and well-organized legal assessment for decision-making purposes.
Looking for an example of a legal opinion model?
If you enjoyed our article but are looking for a specific model, take a look at our article featuring the Full Endorse Model.
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What does legal opinion entail?
A legal opinion is a specialized document prepared by a legal professional (such as a lawyer, consultant, or prosecutor) that aims to examine a specific situation, addressing legal uncertainties or queries and offering a reasoned guidance on relevant legal matters.
What purpose does an opinion serve?
The primary purpose of the opinion is to offer a precise and uniform legal evaluation that aids in decision-making, avoids conflicts, and ensures clarity in interpreting and implementing the relevant standards.
What is the significance of the viewpoint?
The opinion holds significance as it backs decisions made by administration, businesses, or government in line with laws, reduces legal risks, acts as proof of careful consideration and honest intentions, and can be critical in legal processes or consultations conducted by various organizations.
What kinds of viewpoints exist?
The most frequently occurring kinds are:
– Periodic opinion is prepared by a judicial expert on technical matters discussed in a case.
What kinds of legal opinions exist?
Optional opinion: Legal advice that the applicant may choose to follow or not. Compulsory opinion: Required by law, but the recipient’s acceptance is voluntary. Litigation opinion: An opinion that must be adopted by the designated authority.
Regulatory opinion: An opinion serving as an internal guideline for comparable future situations.
When should one seek legal advice?
Legal advice is essential in situations where there are uncertainties about interpreting rules, creating contracts, making significant public or private decisions, carrying out administrative processes, participating in bids, and whenever legal guidance is needed to make a sound decision.
What should the opinion contain?
An opinion should include the reviewer’s qualifications, the identification of the advisory, presentation of facts, defining the legal issue, legal basis (laws, doctrine, jurisprudence), critical analysis of the points raised, and ultimately, an objective and reasoned conclusion.
Is there any connection between the opinion and law enforcement?
The legal opinion does not have the authority of law, but if endorsed by the appropriate authority, it can become obligatory guidance for future administrative actions in specific contexts.
What is the opinion’s objective?
The aim of the opinion is to provide direction and clarity for decision-making in legal, administrative, or business matters, reducing risks and facilitating safe and consistent solutions within the legal framework.
Who is authorized to create a legal opinion?
Lawyers, prosecutors, legal advisors, consultants, and expert jurists with the necessary technical knowledge and qualifications can prepare legal opinions.
What is essential in a legal opinion?
The opinion must include an accurate account of the events, a legal assessment using laws, scholarly works, and legal precedents, attribution of the adviser and the opinion giver, unambiguous responses to the posed inquiries, and an impartial conclusion.
How to provide reasoning for a legal viewpoint?
A legal opinion relies on laws, regulations, established doctrine, court precedents, basic legal principles, and similar case information.
Properly cited and explained based on the relevant context of the issue examined.
How to create a legal opinion?
To prepare a legal opinion, the expert needs to listen to the advice, define the issue, gather information and papers, outline the facts, and conduct thorough legal and case law research.
Develop the reasoning coherently and logically, and provide an objective solution for the case using clear and formal language suitable for the context.
