GILBERT R. HUFANA Professor Practice Court LEGAL OPINION LETTER
• Like the inter-office memorandum, it gives an
objective legal analysis of the client’s legal problem. • It is usually addressed to persons without any legal background. • To be effective, one must be sensitive to the level of understanding and needs of the client. • The letter must be written in plain and simple language accessible to the understanding of a lay person. GOAL OF THE LETTER
1. To give the client a case diagnosis
• The client is helped to understand how the law applies to his situation and to explain to him his legal rights and obligations.
2. To come up with legal recommendations
• The purpose of the recommendation is to enable the client to reach a decision what to do with his legal problems. The client must be given the available options as well as strengths and weaknesses of each. PARTS OF AN OPINION LETTER
1. Heading and Introduction
2. Issue/s and Brief Answer 3. Discussion - Rule and Application of the rules to the facts 4. Conclusion and Recommendation HEADING AND INTRODUCTION
• Consists of the letterhead of the law firm, date, name
and address of client, salutation and short introduction. DE VERA, DE VERA & ASSOCIATES Rockwell Center, Zamora St., San Fernando City, La Union December 10, 2009
Ms. Teresita Jularbal
17 Mabini St., Catbangen San Fernando City, La Union
Dear Ms. Jularbal:
Greetings! This is in response to your letter addressed to our firm about the possible divorce between you and your husband…. ISSUE/S & BRIEF ANSWER
• The issue sought to be resolved in the opinion letter is
stated in question form. • The answer directly answers and summarizes how the law applies to the facts.
You asked us about the effect of your husband’s getting a divorce in
Switzerland. Would that allow you to remarry under Philippine laws? Our answer is No. A divorce obtained abroad on the initiative of the Filipino spouse cannot be recognized in the Philippines.
This is because… STATEMENT OF FACTS & DISCUSSION
• State facts relevant to the issue and discuss how the
law applies to the facts. • State relevant laws and discuss how these laws applied to the facts relevant to the issue. CONCLUSION AND RECOMMENDATION
• In the conclusion, one reiterates the answer to the
question raised in the issue/s. • The recommendation answers the question: “What do you propose the client to do?” It states the proposed solution to the issue. SUMMARY
• The audience will vary much.
• Summarize complex legal principles and put them into language your reader will understand. • State the purpose of the letter and give concrete advice.
