Cite all the extracts. For an ultimate opinion, chose precise extracts on which to base your judgment. The analysis should include conditions necessary for a positive or negative answer. Besides, advise the client on steps to take when they find themselves in similar situations again. At this point, indicate to your client where they stand in regards to the law applicable. To simplify the analysis process, number all previous paragraphs.
This will relieve you of the burden of repeating previously written information. To answer the query, you will rely on the fact and analysis sections. However, when the monosyllabic answers cannot apply, keep the answers short and to the point. Disclaimers can save you from being reported for malpractice if your opinion is wrong.
Under the disclaimer, write that the opinions provided are based on the law as per the time of drafting the opinion. Moreover, indicate that the opinion is also based on the documents and facts provided. List all the documents that the clients provided for the sake of drafting the legal opinion.
I agree to Cleverism's. Boost your job visibility and reach more highly qualified active and passive job seekers A boosted job also called premium job will be shown ahead of all other similar basic jobs in the job search.
On Cleverism, you reach more than 4m high-performance active and passive job seekers a year. The primary purpose of a legal opinion is communication of advice to either a lay or professional client.
It is therefore of the utmost importance that it is clear and in plain, understandable English. Every word of the legal opinion should be chosen by the writer because it communicates precisely the advice which the writer intends to covey.
It is important to write in plain English wherever possible. A good legal opinion will avoid archaic language and legalese. Use of legalese will create a barrier between lawyer and client and divert the main purpose of the legal opinion; to communicate. That is not to say that the legal opinion should be over simplified. It will no doubt be conveying specialised legal advice and must therefore be as detailed as the writer thinks necessary.
The use of plain English simply involves saying what needs to be said in the clearest way possible and avoiding unnecessary verbosity. There are times where technical terms will have to be used if they carry the precise meaning of the advice being delivered. This should not be shied away from.
Perfect grammar, punctuation and precision of language are essential. Clarity defines good writing. 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.
Clarity of expression is therefore vital. Clarity of expression can only be achieved through thorough planning and thought. A thorough plan will lead to a logical structure. Any legal opinion will be conveying a particular point, but that point will inevitably need to be broken down into sections. Each section will culminate in an opinion and each opinion must be fully explained and justified. Clarity of legal writing also requires conciseness. This does not necessarily imply brevity, but once the point has been made, nothing more need be said.
Having said that, completeness and total accuracy is vital and conciseness should not come above giving full and precise advice. A request for a legal opinion will usually come in written form.
Such a request will usually include any documents in the case. The request for a legal opinion will include at least one and usually a number of questions which the legal advisor is being asked to address.
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. A legal opinion will often have the over arching question of does the client have a good and viable case.
This is clearly the most important question to any client and must be approached with honesty and directness. Numbered action points are one way of achieving clarity in this regard. Above all it is vital to remember that in being asked to draft a legal opinion, you are being asked to advise.
Sitting on the fence is not an option. Diminished capacity may bring ethics problems for sufferers 'Springsteen on Broadway' gives lawyers 3 storytelling lessons Self-care is the key to stress and anxiety management. View the comments for this story. Commenting is not available in this channel entry. Most Read Most Commented. Citing possible fraud, US denies passports to hundreds of Hispanics and demands proof of citizenship Michael Cohen pleaded guilty to 8 crimes: Judge resigns after he is accused of using contempt powers to jail more than people Trump: Sessions should investigate who wrote anonymous New York Times op-ed Lawyer is suspended for flashing gun at deposition, other 'appalling' behavior.
In my opinion there is no fixed proforma to give legal opinion. Giving legal opinion is a delicate task. Advocates should not blindly follow the words of the client/s.
Drafting a legal opinion can and should always be split into two processes: The thinking process and the writing process. The Thinking Process The first thing to do is to digest and organise the facts.
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 . In this letter, I will provide you with my legal opinion and analysis so you can make a qualified decision regarding the charges you face. I will first restate the facts, as I know them, to confirm their accuracy.
Writing a legal opinion, - Dissertation books amazon. Our company deals exclusively with experienced and well-educated professionals of academic writing. Drafting a legal opinion can and should always be split into two processes: The thinking process and the writing process. The Thinking Process 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. damage.5/5(3).