What is legal advice.
Legal advice is a dedicated activity that is requested from legal specialists regarding legal issues.
It should not be considered a simple professional opinion, but rather a real support - provided orally or in writing - relating to matters that are not within the applicant's competence.
Who can provide it?
The legal consultancy activity is diversified depending on the need required, i.e. whether it is of a judicial or extrajudicial nature.
In the first case, it can be carried out by a registered lawyer; in the second case, given that we are generally dealing with extrajudicial activities, which therefore do not require having to appear before a judge, they can also be carried out by non-licensed professionals as long as they possess proven legal knowledge.
Therefore this activity can also be carried out by:
- a doctor of law;
- an expert jurist, graduated in law;
- a practicing lawyer authorized to practice;
- and a lawyer.
Quanto ai limiti del praticante avvocato nello svolgimento di attività stragiudiziale, la Suprema Corte (fra le tante, Cass. 1 aprile 2008 n. 8445) ha affermato che il praticante avvocato può legittimamente assumere l’obbligo di svolgere attività stragiudiziale, essendo l’iscrizione all’albo essenziale solo per l’esercizio delle attività giudiziarie, attività protetta è solo quella giudiziaria (fra le tante, Cass.30 maggio 2006 n. 12840) - CNF news.
The legal opinion.
The legal opinion is dedicated advice that is requested from legal specialists regarding legal issues. It should not be considered a simple professional opinion, but rather a real support - provided orally or in writing - relating to matters that are not within the applicant's competence.
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In even more specific terms, the legal opinion is the legal act through which a judgment is expressed; when this is requested from the firm of your choice, a real document is prepared which illustrates the facts and sets out the legal reasons with the relative conclusions in light of the legislation and jurisprudence.
When should (or should) be requested?
Requesting legal advice should not occur exclusively following the initiation of legal proceedings; this professional consultancy, in fact, is highly recommended in an earlier, out-of-court phase, both to evaluate the possible risks and any possible conduct that may be suggested.
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Since the legal opinion is intended to provide targeted advice to those who do not have the appropriate legal knowledge, it proves not only to be an essential tool for entering into the merits of the specific case, but also for identifying a possible solution.
Dr. Valentina Minervini and her trusted collaborators will be happy to address your problems.
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