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It points to the key difference between a legal opinion and legal advicei.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.
A memorandum decision does not establish legal precedent or re-interpret the law, and cannot be invoked in subsequent cases to justify a ruling. Opinions, on the other hand, always establish a particular legal interpretation.
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.
Also called an opinion letter. 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.
While legal advice is specific, direct, and proposes a course of action, legal information, on the other hand, is factual, generic, and does not address any particular cause of action.
Definition of 'legal opinion' 1. judgment or belief not founded on certainty or proof. 2. the prevailing or popular feeling or view. public opinion.
Opinion of Counsel means a written opinion from legal counsel who is acceptable to the Trustee. The counsel may be an employee of or counsel to the Company or the Trustee.
Also known as an 'opinion letter', a legal opinion is given in the form of a letter issued by a law firm expressing legal conclusions and/or analysis of a specific transaction. The recipient of the opinion will then rely on its contents as a basis for entering into the transaction.
A legal opinion will often contain a complicated set of facts which will have to be sorted into specific legal issues and defined in legal terms. Clarity of expression is therefore vital. Clarity of expression can only be achieved through thorough planning and thought. A thorough plan will lead to a logical structure.
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.