Legal Position Statement

LEGAL POSITION STATEMENT

This Legal Position Statement (the "Statement") is made as of by and between Client Name: whose principal address is (hereinafter "Submitting Party"), and Opposing Party Name: whose principal address is (hereinafter "Recipient").

RECITALS

WHEREAS: Submitting Party has engaged counsel or has exercised its own legal review to determine the rights, obligations, and remedies arising from the facts described below;

WHEREAS: The parties seek to memorialize Submitting Party's factual account, applicable legal theories, and requested relief to facilitate negotiation, litigation preparation, or regulatory response;

WHEREAS: This Statement is intended to present Submitting Party's position without waiving any rights, privileges, or defenses, including attorney-client privilege and work product protection, unless expressly stated otherwise in this Statement.

NOW, THEREFORE, in consideration of the representations and agreements set forth below, the parties state as follows.

1. DEFINITIONS

For purposes of this Statement, the following terms shall have the meanings set forth below:

"Claim" means any asserted cause of action, demand, or allegation set forth by either party arising from the events described in Section 2.

"Confidential Information" means information designated as confidential in writing by Submitting Party or otherwise reasonably understood to be confidential under applicable law, including legal analyses and privileged communications.

2. BACKGROUND FACTS

3. LEGAL POSITION

Submitting Party asserts the following legal position based on the Background Facts and applicable law. The assertions below set out the controlling legal standards, how those standards apply to the facts, and the conclusions Submitting Party contends are compelled thereby.

4. SUPPORTING AUTHORITIES

The following authorities are cited in support of the legal position. This list is representative, not exhaustive, and Submitting Party reserves the right to cite additional authorities as necessary.

5. REQUESTED RELIEF

Submitting Party requests the following actions, remedies, or declarations to address the Claim and to enforce Submitting Party's rights.

6. CONFIDENTIALITY AND PRIVILEGE

All portions of this Statement that disclose legal analysis, communications with counsel, or documents prepared for litigation are asserted as privileged and protected work product to the fullest extent permitted by law. Disclosure of this Statement to any third party without prior written consent by Submitting Party constitutes a material breach of this Statement and may waive certain protections only as to the disclosed material to the extent required by law.

Yes No

7. NOTICES

All notices, requests, demands, and other communications required or permitted under this Statement shall be in writing and delivered to the addresses set forth below by hand, overnight courier, or certified mail, return receipt requested.

8. AMENDMENTS; WAIVER

This Statement may be amended only by a written instrument executed by authorized representatives of both parties. No failure or delay by either party in exercising any right shall operate as a waiver, and a waiver in one instance shall not be construed as a waiver of any other instance or of any other right.

9. GOVERNING LAW

This Statement shall be governed by and construed in accordance with the substantive laws of the jurisdiction selected below without regard to conflict-of-law principles.

10. ENTIRE AGREEMENT

This Statement constitutes the entire written statement of Submitting Party's legal position with respect to the matters described herein and supersedes all prior oral or written statements on the same subject matter, except to the extent otherwise expressly preserved in writing.

11. SEVERABILITY

If any provision of this Statement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed so as to effectuate the intent of the parties as nearly as possible.

12. COUNTERPARTS

This Statement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile or electronic image shall be treated as originals for all purposes.

CERTIFICATION

The undersigned certify that they are authorized to present the facts and legal positions contained in this Statement and that, to the best of their knowledge after reasonable inquiry, the factual statements herein are true and the legal contentions are warranted by existing law or a nonfrivolous argument for extension, modification, or reversal of existing law.

Sign Now