Legal opinions

Questions to ask before commissioning a legal opinion

Before commissioning a legal opinion, ask the attorney about scope, expertise, and deliverables. This guide covers the essential questions that prevent wasted.

You've just spotted a gap in a contract your business needs to sign, or a board member has challenged whether a decision sits comfortably within the law, or your bank has flagged a transaction and wants your legal take in writing. Now you need to commission a legal opinion, but you're not sure what to actually ask the attorney before you hand over the brief.

Getting this conversation right at the start saves weeks of back-and-forth, wasted fees, and opinions that don't address what you really needed answered. The questions below are the ones that matter.

Clarifying the scope and the specific question

Start with: "What exactly will your opinion address?" Listen for whether the attorney restates your question back to you in plain terms. A good response is concrete—"I will advise whether the clause as drafted exposes your company to unfair dismissal risk under the LRA, and what amendments would tighten it"—rather than vague ("I'll look at the legal issues").

Then ask: "What falls outside this opinion?" A solid attorney will name the boundaries. They might say, "I'm not addressing tax implications; you'll need your accountant on that," or "I can't advise on whether this contract is commercially sensible, only whether it's legally sound." An evasive answer—silence, or "we'll see what comes up"—suggests they haven't thought the scope through, which means you'll be charged for exploring rabbit holes.

Follow with: "If I've got this wrong and the real issue is actually X, will you flag that or just answer what I asked?" The best attorneys will commit to flagging if they think you've misidentified the legal problem. Others won't, and you'll get a technically correct opinion that misses your actual risk.

Understanding their expertise and how they'll work

Ask directly: "Have you advised on this area before, and for whom (generally speaking)?" You need to know whether they've handled similar questions. "Not this exact scenario, but I've done three employment opinions this year and five contract reviews" is honest and often sufficient. "Never, but I'll research it" is a yellow flag—you'll be paying for their learning curve, and there's no guarantee they'll spot the traps.

Then: "How will you research this, and how long do you expect it to take?" This reveals whether they have go-to sources (case law, regulatory guidance, SARS rulings, precedent contracts) or whether they'll be charging you hourly for open-ended exploration. A timeframe—"typically two to three weeks for an opinion of this complexity"—is reassuring. "I'll let you know" is not.

Ask: "Will you speak to anyone else—my accountant, my bank, the other party—or just work from what I give you?" Some opinions benefit from clarification calls; others shouldn't involve third parties. The attorney should have a clear answer, not leave it hanging.

Nailing down the deliverable and next steps

Get specific: "How long will the opinion be, and what will it cover?" Vague opinions—two pages of waffle—are useless; so are ones padded to justify fees. Ask for a sense of structure. Will it include a facts section, the relevant law, how it applies, and a clear conclusion? Will recommendations be included or just analysis?

Don't skip: "If the opinion finds risk, will you suggest options or just flag the problem?" Some attorneys stop at diagnosis; others offer remedies. Know which you're getting, and whether remedies would be a separate engagement.

Finally: "Who can rely on this opinion?" If your board needs it, your bank, or a third party, say so now. Some opinions are written for the client only; others are for external reliance. This affects what the attorney can say and sometimes the fee.

End with: "How will you handle it if I disagree with your conclusion?" A reasonable answer is "we'll discuss it, and I can explain my reasoning further"—not "the opinion stands as is."

These conversations take 20 minutes and prevent thousands in wasted legal spend and delayed decisions. When you're ready to find an attorney with the right expertise and clarity, verified practitioners on Strove make vetting their track record straightforward.

Common questions

Should I ask an attorney for a fee estimate before commissioning an opinion?: Yes. Ask what they charge hourly or flat-rate, how long they expect the work to take, and whether there could be additional costs for research or consultation. This lets you compare and plan your budget. A good attorney will give you a ballpark or a fixed quote upfront.
What if the attorney says they've never done an opinion in my specific area?: That's not necessarily a deal-breaker if they're willing to research and have strong general legal skills. But ask how they'll approach the research, how long it will take, and whether you can get a reference from someone they've advised on a related topic. For complex or high-stakes opinions, you may prefer someone with direct experience.
Can I use the same opinion for multiple purposes—e.g., my board and my bank?: Not always. Ask the attorney whether the opinion they're writing can be relied on by third parties or only by you. If multiple parties need to rely on it, tell the attorney upfront; they may need to tailor the language or issue it differently. Some opinions are explicitly limited to internal use only.
What should I do if the attorney's conclusion doesn't match what I expected?: Request a discussion to understand their reasoning. A good attorney will walk you through the law and the facts that led to their conclusion. If you still disagree or suspect they've missed something, you can seek a second opinion from another attorney—but the first conversation should clarify their thinking before you do.

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More on Legal opinions

Clarifying the scope and the specific question

Understanding their expertise and how they'll work

Nailing down the deliverable and next steps

End with: "How will you handle it if I disagree with your conclusion?" A reasonable answer is "we'll discuss it, and I can explain my reasoning further"—not "the opinion stands as is."

Common questions

Should I ask an attorney for a fee estimate before commissioning an opinion?

Yes. Ask what they charge hourly or flat-rate, how long they expect the work to take, and whether there could be additional costs for research or consultation. This lets you compare and plan your budget. A good attorney will give you a ballpark or a fixed quote upfront.

What if the attorney says they've never done an opinion in my specific area?

That's not necessarily a deal-breaker if they're willing to research and have strong general legal skills. But ask how they'll approach the research, how long it will take, and whether you can get a reference from someone they've advised on a related topic. For complex or high-stakes opinions, you may prefer someone with direct experience.

Can I use the same opinion for multiple purposes—e.g., my board and my bank?

Not always. Ask the attorney whether the opinion they're writing can be relied on by third parties or only by you. If multiple parties need to rely on it, tell the attorney upfront; they may need to tailor the language or issue it differently. Some opinions are explicitly limited to internal use only.

What should I do if the attorney's conclusion doesn't match what I expected?

Request a discussion to understand their reasoning. A good attorney will walk you through the law and the facts that led to their conclusion. If you still disagree or suspect they've missed something, you can seek a second opinion from another attorney—but the first conversation should clarify their thinking before you do.