This article is the final installation in a seven blog series by McGrath and Spielberger on Legal Opinion Letters. Here are links to the other posts in this series: Part 1, Part 2, Part 3, Part 4, Part 5, Part 6.
While a legal opinion letter is a powerful tool, it’s essential to understand what they are vs. what they are not. It’s important to know what they can do versus what they don’t do.
First and foremost, a legal opinion letter is not a guarantee of a particular outcome. The law can be subject to different interpretations, and the facts of a situation can change. The letter is only as good as the information provided to the lawyer and/or discovered by the lawyer. Even acting in good faith, the client may fail to provide all relevant information or the attorney may not identify a key piece of legal information to consider.
Like everything else in this world, imperfections can and do occur. Although our law firm has, thankfully, not had this happen, mistakes related to legal opinion letters exist and can weaken or even invalidate the opinions expressed.
Furthermore, the legal opinion letter is typically limited in scope to a specific issue and a particular point in time. It doesn’t provide a general assessment of all legal risks. The letter also often contains specific qualifications and assumptions which must be carefully reviewed by the recipient. For example, an opinion on the enforceability of a contract might be qualified by the assumption that the parties have the legal capacity to enter into the agreement. By understanding these limitations, parties can use legal opinion letters effectively without overestimating their scope or certainty.
Please contact our law firm, McGrath and Spielberger, if you’re interested in a legal opinion letter.
Writing a legal opinion letter is a significant professional responsibility for an attorney. The lawyer must exercise a high degree of care and diligence to ensure their opinion is accurate and well-reasoned. This often involves extensive research, reviewing complex documents, and sometimes, seeking clarification from other parties.
