It is important to prioritise the authorities cited in a legal opinion in order of importance to the point being addressed. The first stage will be about organising the facts of the case into these categories.
It is written before one enters, litigates or defends transactions. It will no doubt be conveying specialised legal advice and must therefore be as detailed as the writer thinks necessary.
Clarity of expression is therefore vital.
A logical structure based on the legal principles being discussed is vital to clarity. It is important to write in plain English wherever possible.
However, any natural interface or presumption you have made from the facts must be included. Of course care must be taken to ensure that any statutory provision being cited is in force at the time of writing the legal opinion.
It will begin by discussing the qualities of good writing which is central to writing a successful legal opinion. A legal opinion will often contain a complicated set of facts which will have to be sorted into specific legal issues and defined in legal terms.
For a barrister an instruction to provide a legal opinion will come from a solicitor so any response will be written with the solicitor in mind as the reader, but the solicitor will have requested the legal opinion in order to advise the client and therefore the client must be borne in mind as well.
Clarity of expression can only be achieved through thorough planning and thought.
This is where the legal structure will come in. Having said that, completeness and total accuracy is vital and conciseness should not come above giving full and precise advice.
This is good practice as it will encourage focus throughout the legal opinion and the reader will be able to read the following paragraphs knowing where they are leading. A percentage chance of success can be included in this section if appropriate.
The subsequent paragraphs should set out your reasons for reaching the legal opinion which you do in the opening paragraphs.
That is not to say that the legal opinion should be over simplified. Above all it is vital to remember that in being asked to draft a legal opinion, you are being asked to advise.
In a negligence legal opinion it will be vital to assess the level of damages that the client can expect to receive or pay out. Otherwise, authorities should be cited to support propositions of laws and when doing so a full citation should be given.
Above all, the advisory purpose of a legal opinion should be borne in mind at all times. Clarity of legal writing also requires conciseness. Using the Law in a Legal Opinion. For example, there is no point citing a Court of Appeal judgment which has been overruled by a subsequent House of Lords case.Sample Legal Opinion by Atty.
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Scribd is the world's largest /5(17). Template LEGAL OPINION This is a sample legal opinion for the purpose of paragraph (A) of Part A (Initial Conditions Precedent) of Schedule 1 (Conditions Precedent) to the Contract for Difference Standard Terms and Conditions. It is issued by the CfD Counterparty as.
A legal opinion is typically written by following a format that consists of six sections, explains The Law Dictionary. The first section is the heading that includes a one-line case descriptor.
The next five sections are the legal issue, an answer, the statement of facts, a discussion and a. How to write a legal opinion.
The following will be a guide to writing an effective and legally sound legal ultimedescente.com will begin by discussing the qualities of good writing which is central to writing a successful legal ultimedescente.com will then move on to discussing the formulation of the legal opinion itself.
A legal opinion is a written statement by a judicial officer, legal expert or a court as to the illegibility or legibility of a condition, intendant or action. In business, an opinion letter represents the opinion giver’s professional understanding of a particular aspect of a transaction or a.Download