Informe Legal Partes
The information provided in the reports provides relevant data and a range of responses to the topic addressed. The legal report is also called opinion, which can be synthetic or more detailed, it depends on its purpose and addressee. The types of legal advice are determined by the person who produces it, they are: it is the type of report of an expert by which he gives his opinion on the facts presented to the investigation. In addition, its assessment is included with respect to the technical issues that were discussed. In the early stages of a conflict, one of the parties may request an internal diagnostic technical report to understand the strengths and weaknesses of the case. In this way, the party has an instrument that helps it in decision-making by allowing, on the basis of an external expert opinion, its position against a friendly negotiation process or the convenience of initiating a dispute before a court or arbitration. With this in mind, it is important to clarify what a good report might consist of – or what we understand – and what attributes or elements make a regular technical report a real and effective contribution to the resolution of a dispute. The legal report is a document that deals with legal issues of a certain complexity. This document provides a thorough and detailed analysis of a legal issue that is under investigation or has already been resolved, and the results are intended to be presented. The purpose of the legal report is to communicate the information collected and analyzed on the basis of certain criteria. It contains the facts, the information analyzed and verified; Provide relevant data and responses on the topic to be addressed. In short, a good technical report is one that gives a court with scientific accuracy an objective and impartial view of the events that occurred during the performance of a contract.
Once the parties to the conflict have not been able to resolve it through self-assembled methods – and after making the decision to pursue the case – the client will request a technical report that scientifically supports their claims in court. In addition, given the complexity of the construction processes, it will be necessary for the court to have reports that will allow it to achieve a higher level of conviction. The legal report is a document in which a specific fact is addressed and the procedures or studies are carried out. For its elaboration, it is necessary to carry out a detailed analysis of the available information on the cases in order to select the most valuable and important elements. The types of legal opinions are divided into three different types, depending on who is responsible for preparing them. In this way we can distinguish between: On the other hand, the reports develop background based analyses that are verified by the expert informant. The quality and quantity of this context will largely determine how deep the report can reach. For this reason, a good report is one that manages to apply the most appropriate methodology, taking into account the nature of the available context.
When the conclusion is completed, it is signed, the place where the report was prepared and the date of publication of the report are placed. In accordance with the above, any good report is duly referenced to the entire universe of prehistory that its author had in mind, so that any reader (court, judicial expert or parties) can reconstruct the reasoning or methodology. On the contrary, an unverifiable report with statements or conclusions that cannot be verified by third parties makes it an obscure document that offers little trust and little credibility. The report must contain the following information: The report must be clear, neat, short, simple, precise, consistent, correct, polite and understandable. „A (good) technical report can make the difference in court”: Fernando Landeros and Álvaro Jara, based on their technical-legal expertise, analyze the 6 fundamental components of this key tool in the jurisdiction of disputes in Latin America First of all, any technical report must be independent of the parties and objective, without distinguishing between the technical report submitted by the parties and that decided by the court. either ex officio or at the request of a party. The purpose of the report is to communicate a lot of information that has already been collected and analyzed according to certain criteria. Our lawyers, specialized in various cases, elaborate the facts and analyze and verify all the information before proceeding with the project adapted to the law. The structure of the legal report in which events are to be discovered is as follows: defining the scope of the report is a key aspect as it determines the issues to which the document relates. Although scope is defined by the contractor of a report, scope limitation often results in an incomplete report that does not provide a full understanding of the problem. This initial limitation may result in a loss of strength of the report and a loss of strength to third parties, who must assess the problem in its entirety. The technical report, on the other hand, must refrain from any analysis or assessment of a legal or legal nature, since it constitutes a task of argumentation corresponding to the lawyers of the parties, arguments which they will reproduce in their pleadings and present in their pleadings if the procedure so permits.
In addition, it is important that the technical report of the party is accompanied by general information to prove the relevance and experience of the author(s). International practice requires that the independence and objectivity of the reporting person be indicated, indicating any circumstances which concern him or her or which may give rise to reasonable doubts in this regard. This applies in particular to an expert whose report is the result of a contractual relationship for the provision of services. At the same time, the independence and objectivity of the judicial expert are widely assumed and his statements in this regard are more easily accepted. However, it is precisely because of this presumption of neutrality that the expert appointed by the court is also subject to the obligation of impartiality and objectivity. In the construction industry, it is well known that a good technical report makes a relevant difference in the resolution of a dispute, especially if the dispute has been referred to a court, whether arbitration or an ordinary court, for resolution. A legal opinion is intended to inform only about the legal aspects generated in the process, it does not involve the submission of a subjective opinion of the person preparing the report, in the legal opinion an analysis of the rules is made to support a subjective opinion, the first does not imply any responsibility, the second could lead to liability depending on the impact of the opinion. This report is drawn up by an expert who gives his opinion on the facts examined. It also sets out its assessment with the technical issues submitted for consideration. To return to the original question, we will refer specifically to the technical report that will be submitted to a court that will decide the dispute raised. In this regard, there are several edges that could be incidents and that, moreover, interact in the assessment of the quality of a report, especially by the court.
Here are some general ideas: Report writing should not be generic, abstract, ethereal or vague. The report should present specific and interrelated events and a chronological order. The first section concerns the identification data of the reporting official. As for the Party`s technical report, although objective because of its scientific nature, it is intended to support the assertion and „theory of cause” of the Party submitting it. Therefore, the methodological and argumentative challenge of the party`s expert increases, as he must maintain his impartiality and objectivity, but at the same time cooperate with the party in the presentation of his case. The legal report is a document that contains a specific fact, as well as the studies and procedures carried out. For the elaboration, it is necessary to carry out a comprehensive analysis, which must contain all available information about a case, in order to focus on the most important elements. Thanks to this, it will be possible to know the due diligence checks carried out and the situation in which the case finds itself. We recommend that you add an index to the report that lists the pages and a cover page that identifies the procedure. The court, judge, parties involved in the process and lawyers are also appointed.
The word opinion is used when it comes to very long and more detailed reports. If the work is less extensive and thorough, the print ratio is used.