扫码手机访问
62
微信扫码分享
律师法律意见书英文版
Sample Attorney Opinion Letter
Date
(Name of Client)
President
*** , Ltd
City, State, ZIP code
Re: Opinion Letter Regarding (name of employee, , fictitious ** **)
Dear (Name):
After our initial meeting, I reviewed the papers you sent me regarding the ** ** As I understand the situation, ** signed a written employment agreement with your The agreement stated that in the event of termination or resignation from her job as your sales associate, ** would not call upon or sell goods to any of your customers for a period of one
You have asked me to advise you about your rights, the chance of success, the amount of damages that may be recoverable, the costs involved, and my ability to represent you in this
RIGHTS OF *** AGAINST **
When ** signed a written contract with your company, she agreed not to call upon any of your customers for a period of one This is called a restrictive To enforce your covenant against **, you must bring an action against her and prove your You have a choice of forums in which to bring the action: federal district court or a state Since it is easier to obtain an injunction (an action to immediately stop her from selling to your customers) in a state court rather than a federal court, I would suggest the state
I must advise you that injunctions are largely discretionary with the court, and there are several factors here that might lead it not to grant one on your Since you waited eight months before threatening to sue **, my guess is that you have about a twenty percent (20%) chance of obtaining an
RIGHTS TO AND AMOUNT OF DAMAGES
Your chances of obtaining money damages against **are much greater than your chances for an From our discussion and the facts and evidence suggested in your papers, it appears that the amount of recoverable damages would be measured by the profits you have lost since the time ** began selling competitive products to your
It should be understood that if we win our case, however, ** may not voluntarily pay the Thus, it may be necessary to enforce the judgment by having a sheriff or marshall seize and sell assets not exempt from However, if ** does not own assets, such as real estate, money in bank accounts, stocks, , but owns only personal items exempt from execution under the laws of our state, then any judgment you obtain may not be worth
NEGATIVES TO LAWSUIT
Besides the fact that you may lose a lawsuit against ** or that any judgment obtained may be uncollectible, there are other negative factors you should consider before bringing a These include court costs and attorney Court costs are recoverable, but other costs, such as travel, the time lost when you are called to testify (or required to help us develop the case), and attorney fees, are not
MY SERVICES
I am familiar with the nature of your manufacturing business and am qualified to represent you in this matter if you choose to My fee would be based on my normal hourly charge of $250 for myself and $150 for Trial time is billed at $1,000 per The initial services of preparing a complaint and serving same would cost approximately $ Preparing a request for an injunction and attending a hearing on the injunction would cost approximately $2,
It is quite possible that ** would not retain her own counsel and not answer the This means that a default judgment could be taken without the necessity of a Here attorney fees would probably amount to no more than $1,
I require a $1,000 retainer to open a file and commence an
If you wish to proceed with this matter, I will need to know the full names and addresses of your customers to whom ** is presently selling and the estimated sales volume which you have
If you have any questions, please call
Very truly yours,
Name of Attorney
律师法律意见书模板范文 (菁华1篇)(扩展2)
——授权律师委托书范文模板 (菁华1篇)
1、本法律意见书所载事实来源于本法律意见书出具之日前贵司的陈述和贵司提交的相关材料.贵司应保证,已向本所律师提供了出具本法律意见书所必需的全部有关事实材料,并且提供的所需文件均真实、合法、有效、完整,并无任何虚假记载、误导性陈述或重大遗漏,文件上所有的签名、印鉴均为真实,所有的复印件或副本均与原件或正本完全一致。若在本法律意见书出具后,贵司发现新的证据材料或者案件有新情况发生,请及时与本所律师联系,本所律师将根据新的证据材料和新的进程重新制作《法律意见书》。
2、本法律意见书中对有关对账单、财务报告、处理意见报告中这些内容的引述,并不表明本所律师对该等内容的真实性、准确性、合法性作出任何判断或保证。
3、本法律意见书仅根据并依赖于本法律意见书出具之日公布并生效的相关法律、法规,并参照部门规章等本国的法律、法规、规章出具。本所不能保证在本法律意见书出具之后所公布生效的任何法律、法规、规章对本法律意见书不产生影响。
4、本所律师已经严格履行了法定职责,遵循了勤勉、尽职、诚信的执业原则,由于本意见书的出具涉及到对法官自由裁量权的评价,而法官依据自由裁量权最终作出何种判决并非律师所能掌控。对此,特提示贵司对本意见持审慎采信态度。
5、本文件仅应贵司要求,供贵司参考,切勿外传。
XX律师事务所
律师:XXX
X年X月X日
(1)首部。
1.标题在文书顶端居中标明“法律意见书”字样。
2.致送单位(或人)的称谓在标题的下一行顶格写明接受文书的单位名称或人的名称。
3.说明解答内容的缘起和依据要求用简明扼要的文字概括交待解答的是什么内容,即就提出的什么问题予以答复,这是法律意见书的开头部分。
(2)正文。这部分是法律意见书的主体部分。正文通过法律、法规来详细解答询问人所提出的问题。一般而言,这一部分需要进行严密的论证,科学的分析,从而给询问人一个圆满的答案。正文的内容既可单列一项,就问做答,也可以分为若干个问题,用分题标号形式一一作答,具体如何写,要根据询问人所提问题的多少来决定。
(3)结尾。正文写完之后,一般应另起一段,用几句话对所述问题进行总结,加以概括,起到归纳全文的作用。最后在文末右下角写出律师的工作单位、职务及姓名,并注明制作日期。
(4)附件。法律意见书如有附件,应在正文之后列出附件名称,并编好顺序。
(5)落款。一般以法律事务机构名义,也可是企业法律顾问个人署名;以法律事务机构名义时,其负责人应签名,以示负责、署名之下是送呈时间。
上一篇:建立贸易关系函电范文(实用5篇)
下一篇:数学建模论文范文(合集4篇)
微信扫码领取福利