What to give an attorney so the opinion answers your real question
Give your attorney the context and clarity needed for an opinion that answers your real question, not an adjacent one. Here's what to hand over.
An attorney's written opinion is only valuable if it answers the question keeping you awake at night. Many people commission one, receive it, and realise it addresses something adjacent to their actual problem—or worse, leaves the critical uncertainty untouched. The difference between a useful opinion and a wasted fee often comes down to what you hand over before the attorney starts writing.
When you approach an attorney for an opinion, you're asking them to apply legal reasoning to your specific facts and circumstances. But attorneys can't read minds. If you describe your situation vaguely, or omit details you think are obvious, or frame the question in a way that doesn't quite capture what you need to know, the opinion will be precisely wrong—technically sound but unhelpful.
The goal is to give an attorney enough context and clarity that they understand not just what happened, but why you need to know the legal answer. That means going beyond a brief email summary.
What an attorney actually needs from you
Start with a clear, written statement of your question. Not "Is this legal?" but something like "If we proceed with this arrangement, are we in breach of the contract with our supplier?" or "Can we rely on that oral agreement if it's not in writing?" The more specific you are, the more the opinion can address your actual risk.
Then provide the documents and facts that matter. If the opinion concerns a contract, give the attorney the full contract, not a summary. If it's about a business arrangement, explain the background: who said what, when, and in what medium (email, WhatsApp, voice call). Include any relevant correspondence, agreements, even informal notes. If your industry has specific regulations or standard practices, mention those too.
Be honest about timing and constraints. If a bank has demanded an opinion by a certain date, say so. If the opinion needs to satisfy a regulator's specific requirements, share that. If you're uncertain whether the question you've framed is the right one, tell the attorney that—they can help you refine it.
Don't bury the lead. Upfront, explain what prompted the need for this opinion. Is it a transaction you're considering? A dispute you're managing? A compliance check before launching something new? An attorney who knows the context can flag risks you haven't thought of and can tailor the opinion to address what regulators or counterparties will actually care about.
Getting clarity before you commission
Before you hand over documents and facts, have a brief conversation with the attorney—even a short phone call or WhatsApp exchange. Describe the situation and your question. A good attorney will ask follow-up questions right away: What's your concern specifically? What would change if the answer was yes versus no? Who else needs to be satisfied by this opinion?
Use that conversation to agree on what the opinion will and won't cover. Some attorneys will give a preliminary view of how complex the answer is likely to be and whether the fee is proportionate. Others might suggest the opinion isn't the right tool for your problem—maybe you need a contract review instead, or negotiation help, or just a phone consultation to talk through the risk.
Once you've agreed on the scope, summarise it in writing. Send the attorney a short email: "Based on our conversation, I understand you'll advise on X, based on these documents, and the opinion will address whether Y is possible under Z law." This prevents the familiar scenario where the attorney delivers a competent opinion and you realise it doesn't answer what you actually needed.
The attorney's job is to write sound legal reasoning. Your job is to give them the facts, documents, and clarity they need to focus that reasoning on your real question. When both happen, you get an opinion worth paying for—one that actually helps you decide what to do next.
Finding an attorney who takes time to understand your question before diving into writing is worth the effort. On Strove, you can read reviews from past clients and message a few practitioners to see how they approach the work before you commit.
Common questions
- Should I write out a formal question or is a phone call enough?
- Write it down. A formal written question helps both you and the attorney stay focused on what needs answering. A phone call is useful to refine that question together, but always follow up with a summary in writing so there's no misunderstanding about scope later.
- How many documents should I give the attorney?
- Give all documents that are relevant to the question—don't filter them yourself. Let the attorney decide what matters. Including irrelevant ones is harmless; omitting a key one leaves the opinion incomplete. If the pile is huge, ask the attorney how they'd like you to organise it.
- What if I'm not sure I'm asking the right question?
- Tell the attorney that in your initial conversation. They often see patterns and can help you sharpen the question or flag a different risk you haven't considered. That's part of why the preliminary chat is valuable.
- Does the attorney need to know who will read the opinion?
- Yes. If a bank, regulator, or your board will rely on it, mention that. It affects how the attorney frames the reasoning and what they emphasise, and helps ensure the opinion will satisfy whoever needs to be convinced.
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