What is the purpose of legal advice?

Asked by: Dr. Hellen Feil  |  Last update: February 19, 2022
Score: 5/5 (73 votes)

Unlike legal information, such as information posted on a street sign, legal advice proposes a specific course of action a client should take. For instance, it's the difference between telling someone what to do (legal advice) instead of how to do it (legal information).

Why is legal advice important?

It ensures your agreement is legally binding

When dealing with important matters such as property settlement, child custody and division of assets, it's crucial to ensure that any agreements made between both parties are legally binding.

Why is legal advice privilege important?

The purpose of Legal Advice Privilege is to allow free access to a lawyer's professional skill and judgment – therefore, there must be a lawyer involved directly in the communication for LAP to apply.

What is covered by legal advice privilege?

Legal advice privilege – this protects confidential communications, and evidence of those communications, between a lawyer and his client, but not communications with third parties, provided that the communications are for the dominant purpose of seeking and receiving legal advice in a relevant legal context.

What is the difference between legal advice and legal opinion?

It points to the key difference between a legal opinion and legal advice—i.e., that a legal opinion is an attorney's analysis based on past or present facts, while legal advice is an attorney's counsel and guidance as to what future actions the client should take.


38 related questions found

What defines legal advice?

Unlike legal information, legal advice refers to the written or oral counsel about a legal matter that would affect the rights and responsibilities of the person receiving the advice.

What is meant by legal opinion?

an evaluation or judgment given by an expert. a medical opinion. 5. the advice given by a barrister or counsel on a case submitted to him or her for a view on the legal points involved.

Is legal advice confidential?

What is legal advice privilege? Legal advice privilege covers confidential communications (written or oral) between a lawyer and their client for the purpose of giving or receiving legal advice. It applies to all advice in relation to a client's legal rights and obligations.

How do you explain legal privilege?

Privilege entitles a party (or their successor in title) to withhold evidence from production to a third party or the court. This evidence may be either written or oral.

Can legal advice be shared?

The important thing to remember is that it is critical to maintain the confidentiality of the communication or document. ... Only share legal advice on a 'need-to-know' basis, and on express terms of confidentiality. Think critically about the effect on privilege of relying on documents and evidence in court proceedings.

What is dominant purpose?

As to dominant purpose — “In its ordinary meaning, dominant indicates that purpose which was the ruling, prevailing or most influential purpose”: Federal Commissioner of Taxation v Spotless Services Ltd (1996) 186 CLR 404 at 416.

What is the difference between legal advice privilege and litigation privilege?

Legal advice privilege is broader than litigation privilege and allows clients to discuss their legal position with their lawyers in the knowledge that their communications will remain confidential, even when there is no litigation in prospect.

What is legal advice privilege UK?

Legal advice privilege protects (written or oral) confidential communications between a lawyer and a client for the purpose of giving or receiving legal advice. Legal advice privilege also protects documents which reflect such a communication.

When might it be necessary to seek specialist legal advice?

Obtaining legal advice is an important part of running your business. As a business owner, there are times where you may need to seek a legal specialist for advice on areas including contracts, debt recovery, business law, insurance, intellectual property, and more.

Why should expert advice be sought when entering into complex legal contracts?

If you have an agreement with another party, it is important to get contract law advice. You want to make sure that the contract sets out both the business and the legal parts of the agreement. ... Advice on your contract can help you understand what you are agreeing to, and how you can reduce the risks.

What does privileged mean in legal terms?

A privilege is a legal rule that protects communications within certain relationships from compelled disclosure in a court proceeding. One such privilege, which is of long standing and applicable in all legal settings, is the attorney-client privilege.

What are the different types of legal privilege?

The principal types of legal privilege are attorney-client, clergy-communicant, marital confidences, therapist-patient, and the privilege against self-incrimination. These privileges are available in the US and other common law countries.

Who is the client legal advice?

It takes a restrictive approach where the “client” is a corporate entity so that only communications between those authorised by the corporate to seek and receive legal advice on its behalf and its lawyers can be protected by legal advice privilege.

Why is confidentiality important in the legal sector?

There are legal protections in place which prevent them from disclosing in court, even under oath, certain types of information and conversations that they have had with patients. ... It protects personal information regardless of whether those details are held electronically or physically on paper.

When can lawyers breach confidentiality?

When can a solicitor breach confidentiality? A solicitor cannot be under a duty of confidentiality if the client is trying to use them or the firm to commit fraud or other crimes. A client cannot make a solicitor the confidant of a crime and expect them to close up their lips upon any secret they dare to disclose.

What makes a good legal opinion?

(1) Legal opinions usually should not contain representations of fact by the law firm. (2) If an opinion does make a representation of fact, it should be carefully drafted so that the representation is within the expertise of the law firm.

What is the purpose of an attorney opinion letter?

The opinion letter is a formal letter drafted by an attorney. The aim is to verify the legal status of either you or your business.

Why would Social Services seek legal advice?

Social Services is a government organisation that aims to protect the welfare of children and vulnerable adults. ... If Social Services is involved with you, it's really important you seek legal advice so that you understand why legal steps have been taken and what the options are for you and your child.

How do you give legal advice to a client?

5 Tips for Client Consultation for Lawyers
  1. Have good web presence: In a tech-savvy age, it has become primary for lawyers to have good online visibility for clients to reach them.
  2. Understand the Client's Issue: It is imperative to understand the client's dispute and pinpoint the exact legal issue involved.

Can I provide legal advice?

It's illegal for anyone to provide legal advice to individuals unless you are accredited with OISC/LSC (the regulatory bodies of immigration advice), or is a member of certain other bodies (see here).