When answering legal questions by issuing legal opinions, lawyers should pay attention to giving accurate, affirmative and legally based answers to legal questions raised by consultants, so as to provide specific, clear and reliable reference opinions for consultants' decision-making.
Suggestions are generally put forward at the request of the parties, aiming at providing legal advice on one or several aspects (such as enterprise listing, share transfer, enterprise restructuring, etc.). ), demonstrate whether their actions are in compliance with the law, illegal or not, and the possible legal consequences, and put forward targeted solutions and opinions. In this way, we can plan the joint civil behavior and prevent the inevitable disputes from occurring at the beginning of the exercise.
There is no uniform format for lawyers' legal opinions, and they are also divided into three parts in structure: head, body and tail.
1, the first part: write the title "legal opinion", or add a subtitle to summarize the main idea of the full text, which makes people feel eye-catching.
2. Text: Write down the following contents:
First, look up. Fill in the submitted unit in the top box.
Second, preface or preface. In this part, we should pay attention to the analysis and research of materials, arrange them logically, ensure that the facts are conclusive, the analysis and explanation are clear and specific, point out the problems, and write down the legal and reform basis. Strive to achieve accurate facts, well-founded, full and logical reasoning.
3. Tail. State the full name of the law firm, the lawyer's name and the specific delivery time, and affix the official seal.
Legal basis:
People's Republic of China (PRC) Lawyers Law
Article 1 This Law is formulated with a view to improving the lawyer system, standardizing lawyers' practice behavior, ensuring lawyers to practice according to law, and giving full play to lawyers' role in the construction of socialist legal system.
Article 2 The term "lawyer" as mentioned in this Law refers to a practitioner who has obtained a lawyer's practice certificate according to law, accepted entrustment or assignment, and provided legal services to clients.
Lawyers should safeguard the legitimate rights and interests of the parties and correctly implement the law and social fairness and justice.
Article 3 Lawyers must abide by the Constitution and laws, and strictly abide by lawyers' professional ethics and practice discipline.
Lawyers' practice must be based on facts and take the law as the criterion.
Lawyers' practice should be supervised by the state, society and the parties concerned.
Lawyers' legal practice is protected by law, and no organization or individual may infringe upon the legitimate rights and interests of lawyers.
Article 4 The judicial administrative department shall supervise and guide lawyers, law firms and lawyers' associations in accordance with this Law.