Welcome to Gaia! :: View User's Journal | Gaia Journals

The following will be a guide to writing an effective and legally sound legal opinion. It will begin by discussing the qualities of great writing that's essential to writing a legal opinion that is successful. It'll then move on to discussing the formulation of the legal opinion itself. Eventually it'll discuss how to refer to both case law and statute effectively and economically and the use of law in a legal opinion.

Quality of Writing

The primary objective of a legal opinion is communicating of guidance to either a lay or professional client. Every word of the legal opinion ought to be selected by the writer because it communicates exactly the advice http://www.chanrobles.com/cralawscdecisions.htm that the writer means to covey.

It is important wherever possible to write in plain English. A good legal opinion will prevent archaic language and legalese. Usage of legalese will make a barrier between client and lawyer and divert the primary goal of the legal opinion; to communicate. It must consequently be as detailed as the writer believes necessary and will undoubtedly be http://purpleunderstud74.exteen.com/20150601/how-does-one-write-an-effective-legal-opinion-is-there-a-tec sharing specialised legal advice. The usage of simple English just involves saying what must be said in the clearest manner possible and avoiding unnecessary verbosity. There are times where if they carry the precise significance of the guidance being delivered, technical terms will need to be used. Perfect grammar, punctuation and precision of language are essential.

Clarity defines great writing. A legal opinion will frequently comprise a complicated group of facts which will have to be sorted into specific legal issues and defined in legal terms. Clarity of expression is therefore critical. Clarity of expression can only be done through thorough preparation and thought.

A comprehensive strategy will lead to a rational construction. Any legal opinion will be carrying a certain point, but that point will necessarily have 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. Nothing more need be said, when the point has been made, although of course, this does not necessarily entail brevity. Having said that, completeness and total correctness is critical and conciseness should not come above giving exact and full advice.

A request for a legal opinion will normally come in written form. Such a request will usually comprise any documents in the instance. The request for a legal opinion will include at least one and usually numerous questions which the legal adviser is being asked to address. For a barrister an instruction to give a legal opinion will come from a solicitor so any response will be composed with the solicitor in mind as the reader, but the solicitor will have requested the legal opinion in order to suggest the customer and thus the client should be borne in mind as well. The client will desire to understand for example not "will accountability be established?", but "will I get any cash out of this and if so how much?"

A legal opinion will often have the over arching issue of does the client have a feasible and good case. This really is clearly the most important question to any client and should be approached with honesty and directness. In case the client's case is not viable they should be advised of this in the course of the legal opinion, if there's something which may be carried out to enhance the client's prospects of success, a good legal opinion will spell this out quite exactly. Numbered actions points are just one means of achieving in this regard.

Above all it is vital to remember that in being requested to draft a legal opinion, you're being asked to inform. Sitting on the fence isn't an alternative. Lay out the benefits and drawbacks of a certain plan of action, but always come back on one side or the other.. Giving a percent chance of succeeding at the start of a legal opinion is one means of being clear about what you presume the customer's prospects are.

Drafting a legal opinion can and should always be split into two processes: the writing procedure and also The thinking process.

The Thinking Process

The first thing to do would be to digest and organise the facts. There will be facts in any case which are relevant and pertinent to the case and facts that are not. A legal opinion must concentrate on the facts that are pertinent, but it may also be necessary to specifically counsel that certain things are irrelevant. The first period will be about organising the facts of the case into these classes. Charts and schedules are commonly useful and also a chronology ought to be a starting point for every fact marshalling exercise, although this is a matter of individual preference how this is done.

Into which these facts can be logically slotted a legal framework needs to be built once the facts are at your finger tips. In a neglect legal opinion it'll be crucial to measure the degree of damages that the client can expect to receive or pay out. This will definitely be at the forefront of the client's mind.

Other kinds of cases will involve distinct legal frameworks, but whatever the legal problem, the legal opinion must be always advising on the strength of the customer's position in the case. This is supposed to be decided in the planning period and ought to inform the legal opinion throughout.

What should also be borne in mind throughout the planning period should be the case that is opposing. A legal opinion will not be useful if it considers the customer's case in isolation. Evidential issues also have to be considered. A superb legal opinion will always address how a particular factual scenario can be shown.

Before you begin writing a legal opinion, you will know how you're going to present it and exactly what advice you are going to give, why you are giving it.

It ought to be entitled ADVICE or OPINION and comprise the title of the case in the heading. The first paragraphs should function as an introduction to the legal opinion, what you have been asked to inform about and laying out the salient facts.

At this time, many legal opinions will set out the principal conclusions and advice along with the overall opinion. This is good practice as it'll encourage focus through the legal opinion and the subscriber will have the ability to read the following paragraphs understanding where they are leading. A percent probability of success can be included in this section if appropriate.

This really is where the legal arrangement will come in. Each issue should be taken in its logical order. Each section should contain you opinion on that issue as well as the reasons for it.

There are certain rules of structure which ought to be followed in legal opinions for the sake of consistency. One example of these is that responsibility ought to be dealt with before quantum in civil claims. Before turning to quantum, if there are two or more defendants take each of the defendant's liability in turn.

The concluding paragraph of a legal opinion should be a 'Next Steps' paragraph proposing the instructing solicitors of what needs to be carried out to strengthen the client's case.

Using the Law in a Legal Opinion.

Authorities ought to be mentioned to support proposals of laws and when doing so a complete citation should be given. It is essential to prioritise the authorities mentioned in a legal opinion in order of importance to the point being addressed. If a specific case is essential to your reasoning, the basis on which the case was decided ought to be set out in the legal opinion. It might even be proper to quote straight from the opinion although frequently paraphrasing the effect of the selection will normally suffice. Constantly attribute the case you're citing back to the facts being dealt with in the legal opinion. Always mention the most authoritative case on the point of law being dealt with.

Regarding statute, much of precisely the same guidance will apply. This should be clearly stated if there is a statutory provision which deals with the subject of the legal opinion and its effects completely explained. Of course caution should be taken to make certain that any statutory provision being cited is in force at that period of writing the legal opinion.

To sum up, any legal opinion ought to be written with the reader in your mind. It ought to be well reasoned clear and concise as it's possible to be without sacrificing completeness. A rational arrangement based on the legal principles is essential to clarity. Any piece of legal writing ought to be read before entry to ensure against typographical or grammatical errors that will detract from the communicative value of the work. Above all, the advisory intention of a legal opinion should be borne in mind at all times.