Legal Opinion

Preparation of the Legal Opinion

Legal Opinion is a formally expressed advice based on expert knowledge of the professional lawyers. It’s a written document usually prepared at the request of a client where lawyers state their understanding of legal provisions in relation to the actual circumstances of a particular case. It is assumed that the party to whom the legal opinion was issued in the form of Legal Opinion has the right to rely on the advice contained in this document. The law does not have a single, universal definition of this concept, however, the practice of legal opinions in common law countries has a long tradition, and clear standards and opinion law have been developed for the preparation of qualified Legal Opinions for different legal situations and disputes. Thus, it can be defined as a duly executed written response of a lawyer to a legal matter.

Legal Opinion is usually prepared and renewed right before the transaction or execution of the contract to ensure that the document has been made in accordance with the current laws and practice of law. Sometimes, it is used for litigation, i.e. for the competent preparation of a lawsuit and a steady behavior strategy in court as an additional argument or legal analysis of evidence. When drafting a legal opinion, lawyers are responsible for them as they conduct legal and factual research, analysis and verification.

Why You May Need Legal Opinion

• Legal Opinions for banks — Legal Opinion in finance transactions is necessary to make sure that the activity carried out by a party is legal and does not contradict the legislation of the country of incorporation of the bank, country of the payer, or country of registration of the client company;
• Legal Opinions for Visa and MasterCard — The document contains the assumptions on the activities of a client of a processing agent or merchant agent. If any matters do not satisfy the processing agent or merchant agent or Visa or Mastercard, then the account may be closed, and a finance organization won’t be able to provide plastic card issuing services to their customers;
• Legal Opinion in commercial transactions — Are necessary to make sure that a counterparty is a reliable partner that carries out its activity in accordance with law. It’s also necessary to analyze the sale and purchase agreements and eliminate any potential risks of purchasers and sellers;
• For tax issues — The document contains information about the level of tax risk of a particular transaction and analysis on tax law can also be used as the opinion of third parties;
• For issues related to intellectual property — The Legal Opinion reviews a possibility of registering a patent or registering a trademark to minimize the risk of registration refusal;
• Legal Opinion for cryptocurrency — The lawyers analyze ICO, placement of a token on a cryptocurrency exchange and operations with cryptocurrency;
• Legal Opinion for forex brokerage and investment activities — The Legal Opinion for the investment company contains information on whether the company applying for a license is able to carry out the activity based on the documentation that the applicant company submits to the regulator. Lawyers study the business plan, financial model, constituent documents, agreements with users, agreements on the protection of personal data, AML policies and other documents;
• Legal Opinions for gaming business — The document is necessary for the activity of casinos to verify and confirm the legality of their business;
• Legal Opinion for litigation — The enforceability of Legal Opinions enables clients to use them in courts. The position on the case is important for both the plaintiff and the defendant to develop a behavior strategy, properly respond to the lawsuit, form a position on it, and prepare an answer or counterclaim. The lawyers analyze the chances of success and the evidences that may affect the decision of the court. The preparation of evidence must be properly executed and related to the particular case. In the Legal Opinion the lawyer will determine whether a particular document or fact can serve as evidence for the current process. It is also used before filing an appeal to carefully study the verdict of the court focusing on the reasons for rejection of the claims. This will be a basis for a future appeal.

Legal Issues Covered by Legal Opinion

• Compliance with the law and other obligations of the client;
• The need for state registration of property and other assets;
• Compliance with internal and external approval procedures, obtaining the necessary permits both from the client and his partner;
• Steady position of the specific terms of the transaction (for example, settlement procedure);
• The analysis of the rights and obligations of the parties;
• Protection of client interests;
• Availability of necessary measures to protect violated rights and any other issues that depend on certain conditions.

Structure of the Legal Opinion

Legal Opinion consists of the following parts:

• Background.
  It contains information about the circumstances of the matter including detailed information about its parties, the subject and terms of the agreement, as well as other crucial provisions of the document defining the transaction.
• Analysis of constituent documents and regulatory legal acts.
  When drafting a Legal Opinion, a lawyer relies on statutory legal acts, rules and regulations governing relations in the field of the issue, the actual circumstances of the case and a comparison of the factual and legal grounds of the case. To analyze and prove his position, a specialist can consider and review the prevailing judicial practice and precedents made by the courts that can be used as a basis for analyzing the circumstances of a particular situation.
• Assumptions and conclusions.
  In this part of the legal expert opinion, the specialist sets out brief conclusions from the carried out research and Legal Opinion documents, the results of the analysis of the case materials. It also contains practical recommendations for resolving the issue stated by the client.

Our Advantages

Our principal goal is to provide quality legal services and maintain our positive reputation worldwide.

• Our team of qualified experienced lawyers.
  We guarantee a high level of professionalism, strict confidentiality and quality performance of legal services provided by our company.
• Efficiency.
  We deal with various areas and law to precisely meet the needs of our clients. We also specialize in the law of different countries and involve qualified experts to our project. We’ll prepare a foreign Legal Opinion in strict compliance with the laws of a particular country considering its nuances and peculiarities of precedents.
• Involvement in the case.
  We’ll do our best to concentrate on your legal matters and solve your problems as soon as possible. You can also order Legal Opinion online without visiting our office.
• Our responsibility for legal opinion.
  Our experts clearly consider all sufficient facts confirming each of the conclusions set forth in the document. The legal opinion by lawyer contains the interpretation of facts and potential risks of the matter. We also provide for a lawyer second opinion to ensure that all our assumptions are accurate and complete.