Legal Opinion - Legal Opinions of Counsel or Government Law Officers

Legal Opinions of Counsel or Government Law Officers

In the United Kingdom and other common law countries, a legal opinion also refers to written legal advice on a point of law issued by either a barrister or advocate (often referred to as "counsel's opinion") or occasionally a senior government law officer, such as an attorney general.

The latter form of opinion is sometimes made available to the public either because of public pressure (see for example Lord Goldsmith's opinion on the Iraq War, Yoo memo), or because a general clarification of the law is called for (see for example, the Yorke–Talbot slavery opinion). In the United States, several state attorneys general issue attorney general's opinions.

Several areas of commercial practice call for formal legal opinions of counsel. The Legal Aid scheme in the United Kingdom requires a legal opinion showing reasonable prospects for success before the Legal Aid board will fund any claim. Insurance policies for professional negligence will frequently require an opinion of counsel before the insurer is required to pay out on any putative claim (sometimes called a QC clause, when it must be an opinion of leading counsel).

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