I would post my questions here, but last time I revealed my next business plan on these forums for feedback, someone else took my idea and beat me to it.
Thanks,
Ch
If you are looking for advice it is one thing, if you are looking for a Legal Opinion, it is another thing. A formal Legal Opinion letter is something upon which you can rely to know that your business is lawful. If you are later accused of criminal activity from your business, and you were relying on the Legal Opinion of your attorney to govern your behavior and did nothing outside of that, then you have a proof of good faith reliance on the advice of counsel which can demonstrate a lack of intent to violate the law and commit a crime. Intent is an element in most all serious crime, so this can be an important step.
Some things to consider, if this is your goal:
- Seeking and following advice of counsel provides significant support of intent to comply with the law and refutes the inference of unlawful intent.
- Written evidence (such as memorandums, letters or emails) of seeking and applying advice of counsel is important.
- Disclosing the entire story and all relevant facts to counsel is critical to the legal validity of the advice of counsel defense.
- Ignoring advice of counsel, unless supported by alternate legal interpretations supporting corporate decision making, may become evidence of a knowing violation.