Legal analysis of a case
In brief: A legal analysis of a case is an expert assessment of all the facts, the evidence, the laws and the case law of BiH, before or during a dispute. It is carried out in five steps: collecting the documentation, identifying the legal questions, analysing the law and the case law, identifying the possible solutions, and reaching a legal conclusion. It is most useful before a claim is filed or a contract is signed. The client receives a written legal opinion with an assessment of the risks, of the strength of the evidence and a recommendation for the next step. It is available to clients in the diaspora as well, electronically.
- When: before a claim, a defence, an appeal, a request for enforcement or the signing of an important contract; also during a pending case, to check the strategy.
- What is checked: the decisive facts, the documents, the applicable regulations, the case law, jurisdiction, time limits, the burden of proof and the other side’s likely objections.
- What you get: a written legal opinion with the risks, the prospects and the most rational next step, which may also be a settlement or abandoning a weak claim.
- What it is not: a guarantee of the outcome. No serious lawyer in BiH can guarantee the result of court proceedings.
A legal analysis of a case by a lawyer is the process of analysing and researching the legal aspects of a particular case, problem or question in relation to court proceedings. It is carried out to understand how the laws, the regulations, the case law and the other legal rules apply to the concrete situation, and to reach a sound legal decision or assessment of the risk of the case. It is the natural first step of the legal and financial advice the office provides.
The five steps of a legal analysis
A legal analysis of a case by a lawyer comprises the following steps:
- Collecting the information. The first step is the collection of all the relevant facts and documents, the material evidence, relating to the case. At this stage the lawyer reviews all the relevant laws, regulations, case law of BiH and legal sources bearing on the particular case under analysis.
- Identifying the legal questions. After the information has been collected, the next step is to identify the key legal questions or problems arising from the case. At the same time the relevant laws of BiH and the legal standards that apply to the case are identified.
- Analysing the law. The analysis of the law involves deeper research into and understanding of the relevant laws of Bosnia and Herzegovina, the case law and the legal principles bearing on the legal questions identified in the previous step. Here it is assessed how the laws of BiH and the case law of the courts of BiH apply to the particular case.
- Identifying the possible solutions. On the basis of the analysis of the law, the lawyer can identify the different possible solutions of the legal problem or of the court case. At this stage the advantages and disadvantages of each option are weighed in order to find the best legal solution for the client.
- Reaching a legal conclusion. Finally, on the basis of the analysis and the assessment of the different solutions, a legal decision is taken or a legal opinion is given, which represents the best legal approach to the case.
An in-depth legal analysis of a case by a lawyer can be of exceptional importance in court proceedings and in legal advice, and above all in the question every client asks first: whether the case can be won in court at all.
When a legal analysis is worth having
A legal analysis is most useful before a claim, a defence to a claim, an appeal, a request for review or a request for enforcement is filed, and before an important contract is signed or negotiations are opened. In practice a good analysis often prevents a wrong procedural step and unnecessary costs.
It can also be done when proceedings are already pending. Very often an analysis is requested only after a dispute has begun, when a party wishes to check how the case has been conducted so far, the quality of the pleadings, the strength of the evidence or the possibilities of an appeal and further legal protection. The analysis then serves as the basis for correcting the strategy.
A legal analysis may be prepared for property disputes, family and inheritance matters, contractual disputes, compensation of damage, land register and ownership disputes, enforcement proceedings, administrative matters and other complex legal questions where the legal risk and the procedural strategy have to be assessed by an expert before a decision is taken.
For a serious legal analysis it is advisable to provide all contracts, annexes, letters, decisions, judgments, records, extracts from registers, correspondence, invoices, powers of attorney and other documents that may affect the legal assessment. The more complete the documentation, the more precise the legal conclusion. When the client lives outside Bosnia and Herzegovina, the analysis can be prepared on the basis of documents sent electronically, with the originals supplied later where they are needed for further proceedings. That is particularly important for the diaspora and for cross-border cases.
What the client receives after the analysis
After the legal analysis the client receives a written legal opinion containing an overview of the decisive facts, an assessment of the evidence, the applicable laws, the relevant case law, the procedural risks, the possible objections of the other side and a recommendation for the next step. That step may be filing a claim, a defence to a claim, an appeal, a request for enforcement, a settlement, completing the documentation, or abandoning a legally weak claim.
A legal analysis of a case is not a guarantee of the outcome of court proceedings. It is an expert assessment on the basis of the available facts, documents, laws and case law, while the final decision rests with the court or another competent authority.
Frequently asked questions
The questions we are asked most often about the legal analysis of a case.
What is an in-depth legal analysis of a case and why does it matter?
An in-depth legal analysis of a case is an expert assessment of all the relevant facts, evidence, laws and case law before proceedings are brought or during a dispute already under way. Its purpose is not only to answer the question of what the law says, but to assess the legal risk, the strength of the evidence, the procedural strategy and the real prospects of success in the particular case.
When is it advisable to ask for a legal analysis of a case?
A legal analysis is most useful before filing a claim, a defence to a claim, an appeal, a request for review or a request for enforcement, and before signing important contracts or opening negotiations. In practice a good analysis often prevents a wrong procedural step and unnecessary costs.
What does the lawyer check in the course of a legal analysis?
The lawyer first establishes the decisive facts, reviews the documents and assesses which evidence is legally relevant. He then analyses the applicable regulations, the case law, the jurisdiction of the court, the time limits, the burden of proof and the possible objections of the other side, so that the client receives a realistic assessment of their legal position.
Does a legal analysis show whether it makes sense to go to court?
Yes. One of the most important purposes of a legal analysis is that the client learns, before entering a dispute, whether there is a sufficient legal and evidential basis for success. In many situations the analysis shows that a settlement, completing the documentation or a different legal route is better than lengthy litigation.
Can a legal analysis be done when proceedings are already pending?
It can. Very often an analysis is requested only after the dispute has been brought, when a party wishes to check how the case has been conducted so far, the quality of the pleadings, the strength of the evidence or the possibilities of an appeal and further legal protection. The analysis then serves as the basis for correcting the strategy.
Which documents are needed for a good legal analysis?
For a serious legal analysis it is advisable to provide all contracts, annexes, letters, decisions, judgments, records, extracts from registers, correspondence, invoices, powers of attorney and other documents that may affect the legal assessment. The more complete the documentation, the more precise the legal conclusion.
Does the lawyer use the case law of BiH in the analysis?
Yes. A good legal analysis is based not only on the text of the law but also on the relevant case law, the legal positions and the way in which the courts in Bosnia and Herzegovina interpret and apply the regulations in similar cases. That is exactly why the analysis gives a much more realistic picture than general legal advice.
Does a legal analysis mean that the outcome of the dispute is certain?
No. No serious lawyer in BiH can guarantee the outcome of court proceedings. The legal analysis serves to assess professionally the chances, the risks, the evidence and the possible courses of action, but the final decision always depends on the particular facts, the evidence taken and the decision of the competent authority.
How much can a legal analysis help in negotiations and in the amicable settlement of a dispute?
A great deal. When a party knows its legal position, the value of its evidence and the realistic limits of success, negotiations become considerably stronger and more concrete. A good legal analysis is often the key to resolving a dispute faster, more safely and at lower cost than through lengthy court proceedings.
For which types of case is a legal analysis prepared?
A legal analysis may be prepared for property disputes, family and inheritance matters, contractual disputes, compensation of damage, land register and ownership disputes, enforcement proceedings, administrative matters and other complex legal questions where the legal risk and the procedural strategy have to be assessed by an expert before a decision is taken.
Can a legal analysis be prepared for clients abroad?
Yes. When the client lives outside Bosnia and Herzegovina, the legal analysis can be prepared on the basis of documents sent electronically, with the originals supplied later where they are needed for further proceedings. That is particularly important for the diaspora and for cross-border cases.
What does the client receive after the analysis is completed?
The client receives a clear legal opinion on the case: the key facts, the regulations that apply, the main risks, the prospects of success, what still has to be proved and the most rational next step. That may be bringing proceedings, a defence to a claim, an appeal, a settlement or abandoning a legally weak claim.
Clients have trusted us since 1993.
The law office Prnjavorac has been active since 1993. Today, in its fourth decade of work, it has 1,056 Google reviews with a rating of 5.0 / 5 across two independent Google business profiles.
All client reviews are publicly available on both Google business profiles, without filtering, mediation or moderation by the law office.
Other areas of the firm's work
We provide legal assistance and representation across a wide range of areas in Bosnia and Herzegovina:
