A legal opinion is an attorney's analysis based on past or present events, while legal advice is the advice and guidance of an attorney regarding future actions the client should take. Legal advice applies the law, including statutes, case law and legal principles to a particular situation. It provides recommendations on what course of action best fits the facts of the case and what the person wants to achieve. In other words, a legal opinion is the opinion of a particular legal professional regarding the application of the law to a particular set of facts and usually contains conclusions or recommendations. By virtue of its comprehensive nature, legal opinion protects the interests of parties involved in legal matters and serves as a crucial instrument for both clients and legal professionals, providing guidance, clarity and information on the complex web of laws and regulations.
While there is no single, universally accepted definition of legal opinion in legislation, the practice of legal opinions in customary law countries has a rich heritage. In addition, the legal opinion is usually prepared and updated just before a transaction, the execution of a contract or the filing of a note in court, ensuring compliance with current laws and legal practices. It is crucial for clients to understand that a reliable and well-prepared legal opinion cannot be rushed, as it requires meticulous attention to detail and a thorough examination of legal principles and relevant factual circumstances. For lawyers, the preparation of a legal opinion is all about a clear understanding of the facts, the sequence of the evidence, the supporting documents and the preparation of the evidence, which must be carried out precisely and adapted to the specific characteristics of the case in question.
In the process of drafting a legal opinion, we, the lawyers, have the responsibility to carry out a meticulous investigation, analysis and verification of the facts from a legal and factual point of view. There is no doubt that these factors generated a greater demand for “legal opinions”, as clients seek to ensure compliance with regulations and become a tool for mitigating business and financial risks. In addition, we must address a very important point: the time required for the preparation of a legal opinion. An example is a cross-border transaction in which the client can request the legal opinion of lawyers from a foreign jurisdiction to ask if the transaction documents are truly valid and comply with local laws, if litigation could be successful in the jurisdiction and if it could be enforceable. The demand for legal opinion in litigation is on the rise The demand for legal opinion services in the United Arab Emirates has experienced a notable uptick in recent years.
For more information about these entities and the structure of DLA Piper, see the legal notices page of this website. It is important to note that a legal opinion should not be used as a substitute for legal advice and that parties to a transaction should ensure that they receive extensive legal advice on the matter at hand before issuing such an opinion.