律师法律意见书英文版英文版

1、律师法律意见书英文版英文版Sample Attorney Opinion LetterDate(Name of Client)PresidentAGAINST MS.When Ms. signed a written contract with your company, she agreed not to call upon any of your customers for a period of one year This is called a restrictive covenant To enforce your covenant against Ms. , you must br

2、ing an action against her and prove your case You have a choice of forums in which to bring the action： federal district court or a state court 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 courts

3、I would suggest the state courtI 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 behalf. Since you waited eight months before threatening to sue Ms. , my guess is that you have about a twenty pe

4、rcent (20%) chance of obtaining an injunction.RIGHTS TO AND AMOUNT OF DAMAGESYour chances of obtaining money damages against Ms. are much greater than your chances for an injunction. From our discussion and the facts and evidence suggested in your papers, it appears that the amount of recoverable da

5、mages would be measured by the profits you have lost since the time Ms. began selling competitive products to your customersIt should be understood that if we win our case, however, Ms. may not voluntarily pay the judgment Thus, it may be necessary to enforce the judgment by having a sheriff or mars

6、hall seize and sell assets not exempt from execution. However, if Ms. does not own assets, such as real estate, money in bank accounts, stocks, etc. , but owns only personal items exempt from execution under the laws of our state, then any judgment you obtain may not be worth muchNEGATIVES TO LAWSUI

7、TBesides the fact that you may lose a lawsuit against Ms. or that any judgment obtained may be uncollectible, there are other negative factors you should consider before bringing a lawsuit These include court costs and attorney fees Court costs are recoverable, but other costs, such as travel, the t

8、ime lost when you are called to testify (or required to help us develop the case), and attorney fees, are not recoverableMY SERVICESI am familiar with the nature of your manufacturing business and am qualified to represent you in this matter if you choose to proceed. My fee would be based on my norm

9、al hourly charge of $250 for myself and $150 for associates Trial time is billed at $1, 000 per day. The initial services of preparing a complairrt and serving same would cost approximately $300. Preparing a request for an injunction and attending a hearing on the injunction would cost approximately

10、 $2, 500.It is quite possible that Ms. would not :retain her own counsel and not answer the complaint This means that a default judgment could be taken without the necessity of a triaL Here attorney fees would probably amount to no more than $1, 000.I require a $1, 000 :retainer to open a file and commence an actio n.If you wish to proceed with this matterI will need to know the full names and addresses of your cus