A legal opinion is a relatively new concept in Belarusian legal practice. There is no clear definition or strict requirements for its preparation.
In a broad sense, a legal opinion is a document containing the written opinion of a specialist in a particular area of legal knowledge on the legal issue posed to him. The specificity of the document is that, depending on its task, all the theses and conclusions stated in it are based either on the norms of the current legislation, or the legislation in force at the time of a certain event can be applied.
The main objectives of the legal opinion:
Inform the addressee about the legal force of the transaction or issue.
Identify legal risks that need to be considered and assessed.
The person who applied for the opinion receives professional advice on the best actions in a particular legal situation. However, it should be borne in mind that the opinion expressed in the opinion does not guarantee a specific result.
Legal opinions are commonly used in international transactions in order to have a clear understanding of the relevant issues related to local law.
The terms “legal opinion” and “legal advice” are distinguished. Legal opinion is an analysis based on past or present facts, while legal advice is a broader concept – it is a guide to future actions. However, these terms are often used interchangeably.
TYPES OF LEGAL OPINIONS
The following types of legal opinions are distinguished: for a customer, in the interests of a third party, to substantiate a judicial position, comprehensive (scientific and legal) and others.
They can also be categorized as mandatory and voluntary.
The opinions of lawyers are used in all branches of law. They may be needed when controversial issues arise in corporate, labor, criminal, family and many other industries.
Legal opinions on corporate law
Corporate law governs the creation and operation of corporations and is closely related to commercial and contract law. A corporation is a legal entity created in accordance with the laws of the state in which it is registered. The industry covers the entire process of life of a legal entity, from company registration to reorganization or liquidation. At all stages of the existence of a legal entity, legal support is required. When a lawyer makes a legal opinion on a corporate transaction, he confirms that the transaction is what it should be from the point of view of the law.
Legal opinions on labor law
Labor law mediates the relationship between workers, employers, trade unions and the state. A legal opinion on labor law is the result of a comprehensive check of the compliance of personnel documents with the norms of labor legislation and local regulatory legal acts that are binding. Thanks to this, it is possible to identify violations and receive recommendations for eliminating errors and further maintaining personnel records. Such recommendations often allow for the resolution of disagreements out of court.
Legal opinions on construction
Hiring a construction lawyer helps resolve critical issues. For example, a conclusion on the land plot on which the construction of an object is planned will make it possible to determine whether the plot has been appropriately allocated, whether the type of its permitted use will allow the construction of the necessary object, whether there are any hidden communications, as well as other obstacles to the implementation of the project.
Construction expertise is often required. It is a set of measures for the control and evaluation of construction work. The following types are distinguished: construction and technical, architectural and construction, examination of buildings, objects, construction work, materials, forensic examination. Forensic examination of construction is carried out by a court decision. The subject may be the settlement of conflicts between the customer and the contractor, the determination of damage and the appointment of compensation. Independent experts are approved by the court, but a participant in the trial itself can propose any independent organization.
Legal opinions on migration law
Immigration law regulates the movement of a person from country to country, as well as the change by individuals of their place of residence and stay. For legal opinions, as a rule, foreign citizens apply, due to the need to draw up a large number of documents required to legalize status in a foreign country, as well as employers who hire migrants. Specialists in the field of immigration law express their opinions on issues related to emigration, immigration, internal migration, repatriation, business trips, tourist trips, etc.
Legal opinions on contractual issues
A legal conclusion on an agreement is necessary both at the stage of signing its terms and at the stage of settling a contractual dispute, the solution of which largely depends on the terms of the transaction. The lawyer provides information on whether the contracts comply with the current legislation, whether the interests of the parties are respected in them, whether they contain provisions that allow for ambiguity of interpretation, gives the parties to the transaction a correct interpretation of the terms of the contract, and also answers questions about whose rights were violated and which of the parties is responsible for the violation of the essential conditions.
Legal opinions in the field of pharmaceuticals
Legal services in the field of pharmaceuticals are in demand in various areas of activity of pharmaceutical companies. Among them are issues of state registration of medicines, pricing and licensing conditions for the pharmaceutical business, advertising, procurement and sale of medicines, and others.
Legal opinions on criminal law
Criminal law is a narrow and very complex area of jurisprudence. Legal opinions are necessary, for example, to assess the legality of the initiation of a case, · to determine the prospects for the decision of the judicial authority and its appeal, to build a line of defense / prosecution, with the lack of professionalism of the current lawyer.
Family law legal opinions
Family law is a field of law that regulates a specific type of social relations – family. However, legal support in this area is no less important than in other areas of law. The assistance of a lawyer is to issue opinions on divorce and marriage, adoption, alimony payments, inheritance problems and others.
Legal opinions on real estate transactions
Real estate transactions are very common and quite complex. Drawing up a legal opinion helps to protect the seller and the buyer from possible risks. Drawing up an opinion on a real estate object is a necessary stage when buying a business and assessing investment risks. It helps to understand, for example, whether the object is encumbered, whether it is possible to carry out reconstruction or redevelopment. The opinion must be prepared by a specialist with experience in land and civil law.
Legal opinions in the field of information technology
Information law concerns the field of information technology, including computer technology and the Internet. It includes issues of regulation of information circulation, creation and use of information resources and systems. Conclusions may be required on issues of intellectual property, privacy, formalization of relations with software and content developers, emission and use of cryptocurrencies.
Legal opinions in the field of transportation
Transportation remains one of the main directions of development of economic ties. When faced with international cargo transportation, you need to remember the priority of the norms enshrined in international treaties. Their provisions are often difficult to understand not for a lawyer, but even for a lawyer who has no experience in international law. Therefore, opinions should be prepared by competent professionals.
Legal opinions in the field of insurance
In the field of insurance, legal opinions may be required on insurance risks in the course of the organization’s economic activities, the choice of optimal insurance programs, insurance of export and import of goods and services. Also, the opinion of a lawyer may be required upon the occurrence of an insured event, for the analysis of insurance products, as well as reinsurance issues.
TERMS OF PREPARATION OF LEGAL OPINIONS
The timing of drawing up a legal opinion is influenced by how well-functioning the mechanism of work with it is at the lawyer. As a rule, the term for drawing up an opinion is determined at the time of discussing the terms of the contract with a lawyer and is assigned taking into account the complexity of the legal issues put to the permission of a specialist.
RESPONSIBILITY FOR THE PREPARATION OF LEGAL DECISIONS
The responsibility of a specialist directly depends on the quality of the legal assistance provided, which lies mainly in the legality and practical applicability of their results. The legal opinion should be based on the current legislation, the scheme of legal actions offered to the client should be implemented in practice in modern legal realities.
The client may demand full compensation for damages caused, unless otherwise provided by law or the relevant law by the contract.
HOW CAN WE HELP YOU
The attorneys of our law office have extensive experience in writing opinions for both foreign and local companies and individuals. The opinions of our law office are currently used in a large number of industries, including construction, engineering, manufacturing. If you want to get a high-quality legal opinion on any legal issues or legal topics, we are ready to provide you with appropriate legal assistance.
WHY YOU SHOULD CHOOSE US
– preparation of legal opinions is one of specializations of our law office in Belarus;
– English-speaking attorneys;
– Deep understanding of law in Belarus;
– We have only experienced lawyers and advocates: some of our lawyers have more than 20 years of experience in the field;
– High level of confidentiality;
– Fair pricing policy: we always make even more than we agreed!
HOW TO FIND AND CONTACT US
If you need a legal opinion in Belarus please contact us. We will be glad to help you!