Legal Opinion v. Legal Advice- Key Differences between them

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The terms legal opinion and legal advice are often used synonymously thus the terms are used confusedly. Even lawyers used these terms interchangeably but they have actually different meanings. 

LEGAL OPINION

Black's Law Dictionary defines legal opinion as a written document in which a lawyer provides his or her understanding and interpretation of the law as per the facts of the case. This definition states that lawyers often draft legal opinions on various facets of law when asked by the client. A legal opinion is effective when it is made on the letterhead of the company/law firm signed and stamped by the lawyer representing the company/law firm. A disclaimer is mentioned in the legal opinion which states that whatever is mentioned in it is not a legal advice nor is it protected by attorney client privilege. This disclaimer protects the lawyer and the company he is representing from a potential liability.

A client goes to the lawyer and asks for solution to a legal problem, whether that problem will have merits if it reaches the court. The important part is that legal opinion has to be a written document signed and sealed by the lawyer otherwise it is not effective.

LEGAL ADVICE

Black's Law Dictionary defines legal advice as guidance given by lawyers to their clients, includes attorney client privilege and need not be written. The client can ask the lawyer about the future steps to be taken in a particular case. The lawyer advises on how to deal with specific matters in future. Lawyers give legal advice after doing extensive research on a particular point of law to see how that law applies to a particular situation. After doing this research, the lawyer explains it to the client in easy terms. After explanation, the lawyer has to give suggestions to the client as to the future steps to be taken. Lawyers also give legal advice when representing the client in court giving them guidance as to what is to be said in court. The lawyer also explains what all legal documents can make an impact on the case and the importance of that legal document.

CHECKLIST FOR LEGAL ADVICE

The following are a checklist of questions which a client usually asks when he approaches a lawyer for legal advice:-

1. Laws applicable to the case

2. Area of expertise of the lawyer

3. Process of handling the case

4. Charges and ways of making payment

5. Possibility of settling the dispute

6. Outcome of the case

DIFFERENCE BETWEEN LEGAL OPINION AND LEGAL ADVICE

1. Legal opinion is always written whereas legal advice may be written or oral.

2. Legal opinion presents the current scenario in the case whereas legal advice talks about the future steps to be taken in the case.

3. Legal opinion is not valid in court as it is a lawyer's personal opinion whereas legal advice is given in a court case.

4. Legal opinion protects lawyer from potential liability whereas wrong legal advice might put a lawyer in a liability.

CONCLUSION

While consulting a lawyer, the client needs to be prompt as to whether he or she needs a legal advice or a legal opinion so that the lawyer can provide them accordingly. 

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