律师法律意见书英文版

sample attorney opinion letter

date

（name of client）

president

*** co., ltd

city, state, zip code

re： opinion letter regarding （name of employee, e.g., fictitious ** **）

dear （name）：

after our initial meeting, i reviewed the papers you sent me regarding the ** **matter. as i understand the situation, ms.** signed a written employment agreement with your company. the agreement stated that in the event of termination or resignation from her job as your sales associate, ms. ** would not call upon or sell goods to any of your customers for a period of one year.

you have asked me to advise you about your rights, the chance of success, the amount of damages that may be recoverable, the costs involved, and my ability to represent you in this matter.

rights of *** against 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 bring 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 court, i would suggest the state court.

i 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 percent （20%） chance of obtaining an injunction.

rights to and amount of damages

your 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 damages would be measured by the profits you have lost since the time ms. ** began selling competitive products to your customers.

it 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 marshall seize and sell assets not exempt from execution. however, if ms. ** does not own assets, such as real estate, money in bank accou

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