Legal advice is part of the attorneys’ daily activities. It is the legal analysis of specific situations to answer questions posed by clients. Just as the outcome of legal remedy is the case, the outcome of legal advice is the answer by a decisive and justified legal opinion.
Whereas human knowledge was limited, he needs someone to guide and lead him. Thus, the non-specialist seeks opinion or advice from the specialist. Legal advice has expanded recently, and is not only limited to local level, but there are also international law firms that perform legal advisory services at an international level for individuals and companies in various parts of the world.
Due to the development of the areas of legal work, it became difficult to move forward with a decision without the assistance of legal expertise. The client intends to refer to the attorney`s office to obtain advice and guidance. legal advice may be for a fee or for free, and then it may come to the stage of filing an action.
The administrative law of Jordanian Bar Association regulated the legal advice in the third clause of Article VI without clarifying the nature of the request for advice and organizing its provisions, which requires reference to the general provisions in the Civil Law to determine the nature and responsibility of the attorney.
Legal advice can be defined as a legal opinion provided by the attorney as a legal expert in a specific problem or legal issue, after he has been briefed on the facts related to the issue at hand.
We open our article by mentioning the features of the successful law office or firm, then we will provide an overview of the legal advice contract, types of legal advice, steps to prepare legal advice, and finally drawing up legal advice.
- Sufficient number of researchers and legal advisors.
- The talent for research, auditing, and the intellectual property that helps to understand the facts and texts and then classifying the legal fact.
- Good morals, impartiality, professional integrity, a good well-known character, knowledge and honesty, ethical manner, fairness in speech and truthfulness.
- Follow-up of legislative developments in the legal field, jurisprudential opinions and judicial rulings, from the rulings of the Courts of Summary to the rulings of the Court of Cassation.
- keeping clients` secrets (confidentiality).
- Improving the linguistic level and proficiency of legal drafting.
A legal advice contract can be defined as an agreement between two people including a pledge by the legal counsel to give people legal advice and legal opinions for a fee.
The legal advice is provided by attorney as a professional for those who request it, and the Jordanian legislation and most Arab legislation have addressed the attorney`s right to give legal advice. The legal advice contract is a professional contract and it is a consensual contract that requires contractual capacity, as it is one of the contracts of exchange binding on both parties. Finally, it is a contract of personal consideration, it is based on trust and honesty between the two parties.
Legal advice varies according to the basis on which classification is made, it may be free or for a fee. The legal advice may be valid with the attorney and the client`s presence, and it may be through one of the communication media. Finally, the most important thing is that the legal advice may be oral or written.
The legal opinion or legal advice may be oral or written, and this is what will be addressed below:
Sometimes, the attorney may be asked to express legal views orally, either by attending the office or through telephone or by direct contact, and attorney or legal advisor should ascertain the truth of the question and the intention of the asker before the answer is given so that the answer is in line with the intention of the asker. The attorney should also ensure that the principal understands the answer so that confusion does not lead to misapplication.
If a direct question is asked to the attorney and he/ she has no knowledge or an immediate answer, he/she should not be embarrassed to postponing or refuse to answer better than answering the wrong one.
Written Advice means stated written Advice and what distinguishes that it comes after in-depth research of the disputed subject; that is, after researching the provisions of the law applicable to the disputed subject and the judiciary attitude, whether the appeal or Court of Cassation. A request for Advice may come at the written application, making the requirement clear, defined and avoiding confusion in understanding
The legal Advice is based on a written application from the requesting authority and contains facts concerning the problem at hand. At this stage, the attorney examines the application for views in depth, takes note of relevant facts, and arranges them from oldest to newest.
When the attorney finds that the facts are incomplete, unclear, or diminished, he/she will not only ask for more information that removes confusion and ambiguity, such as documents, contracts, and so on.
After the attorney completes the preventive study process that is presented to him carefully, then he adapts and gives them the appropriate legal description of the fact. Before that, the attorney should personally verify the facts, their dates, and the circumstances of their commission, in order to give them the proper legal frame.
It is a stage of giving the solution or reaching the solution and the right diagnosis of the legal fact by determining the relevant legal facts and the conditions for its application to the presented facts, by mentioning the evidence from the legal articles and their legal branches, then interpreting them and mentioning the relevant judicial rulings. If it is found that there are several proposed solutions to solve the problem, the attorney must choose the optimal solution and the lowest material and temporal cost.
In general, there is no specific rule for drawing up legal advice. Each attorney has his own method, but there are general rules that the attorney shall respect, so the method shall be a decent, appropriate, moderate, pure, out of populism and terminology used in street language and vulgar, hurtful speech.
The legal sentence shall be short, purposeful, thoughtful, and specific, as a substitute for long, boring sentences, and drawing up begins with the introduction, then in point, and finally the conclusion.