AN INDEPENDENT EXPERT OPINION IS A COMPLEX DOCUMENT THAT COMBINES LEGAL THEORY AND PRACTICE, ON THE ONE HAND, NORM AND CASE ON THE OTHER.
WITH A GOOD UNDERSTANDING OF THE TASKS WE FACE AND THE DIFFICULTIES THAT NEED TO BE OVERCOME, WE ORGANIZE OUR WORK BY THE FOLLOWING METHOD:
- We first clarify the difficulty that the client needs to overcome.
- We are studying the actual circumstances of the case. In this matter, we entirely rely on the information provided to us by the client. We do not examine questions of fact on our own. At the end of this stage, we can usually form a preliminary opinion on the case. Such preliminary opinion can be (and usually is) discussed with the client without accepting responsibility.
- Together with the client, we formulate questions to be answered. This is a critical stage of work—our answers depend on the correct formulation of the question. We do not assume the court’s role; we do not determine the right and wrong sides; therefore, we answer only those questions, and precisely those put before us. At the same time, we are not legal representatives of the client and therefore are bound by a professional obligation to give only such opinions, in the validity of which we are entirely and sincerely sure—we do not defend the client’s interest but express a highly professional opinion on the issue of qualification of facts and interpretation of the law. Therefore, it is essential for us to know that he and we understand the questions asked by the client in the same way.
- We determine the provisions of the law that apply to the case.
- We define legal doctrines for the last two and a half thousand years, which allow us to extract the (objective) legal norm from those provisions of the law that we have found applicable. Such a study takes the bulk of the work, beginning with the writings of ancient Roman jurists and ending (where necessary) with a comparative analysis of common law, equity, and civil law, including the works of recognized modern authorities.
- We write a draft expert legal opinion and introduce it to the client. At this stage, there often arises either the need to resolve new questions, to clarify old questions, or to reject some previously asked questions. At this stage, we can listen to the client’s arguments if he does not agree with our answers, but we do not assume the obligation to agree with them—this is the position of the independent expert.
- We form, sign and issue to the client the final version of the conclusion, for the content of which we assume complete professional responsibility.