The body of a legal opinion letter offers a summary of the law and its application to the facts, and it often recommends a particular course of action, says Delmar Cengage Learning. Because it constitutes the practice of law, an opinion letter must be signed by an attorney. Quick Answer A legal opinion is typically written by following a format that consists of six sections, explains The Law Dictionary.
Full Answer A written legal opinion is a logical, persuasive memorandum that allows the reader to understand how the law relates to him and helps him understand the merits and the issues of a case, notes The Law Dictionary. Learn more about Law.
A sample affidavit legal form should have a title, then a paragraph about the individual making the statements outlined in the affidavit, followed by an as How to Write an Opinion Letter An opinion letter is useful before you get into a transaction.
However, any natural interface or presumption you have made from the facts must be included. Do not forget to mention that the interface or presumptions are your personal opinions. For an easy analysis, first set out the provision of the law and the law itself. After that, summarize the jurisdiction of the High Court or the Supreme Court over the issue at hand. 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.
The legal opinion should be written following a structure. The first paragraphs should serve as an introduction to the legal opinion, laying out the salient facts and what you have been asked to advise about. At this point, many legal opinions will set out the main conclusions and advice and the overall opinion. 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. This is where the legal structure will come in. Each issue should be taken in its logical order. Each section should include you opinion on that issue and the reasons for it. There are certain rules of structure which ought to be followed for the sake of consistency in legal opinions.
One example of these is that liability should be dealt with before quantum in civil claims. There is no need to set out basic principles of law with which the reader will be familiar. Otherwise, authorities should be cited to support propositions of laws and when doing so a full citation should be given. It is important to prioritise the authorities cited in a legal opinion in order of importance to the point being addressed. If a particular case is central to your reasoning, the basis on which the case was decided should be set out fully in the legal opinion.
It may even be appropriate to quote directly from the judgment although often paraphrasing the effect of the decision will usually suffice. Always refer the case you are citing back to the facts being dealt with in the legal opinion. Always cite the most authoritative case on the point of law being dealt with. For example, there is no point citing a Court of Appeal judgment which has been overruled by a subsequent House of Lords case. With regard to statute, much of the same advice will apply.
If there is a statutory provision which deals directly with the subject of the legal opinion then this should be clearly stated and its effects fully explained. 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.
In summary, any legal opinion should be written with the reader in mind. It should be clear, well reasoned and as concise as it is possible to be without sacrificing completeness.
A logical structure based on the legal principles being discussed is vital to clarity. Any piece of legal writing should be read before submission to ensure against grammatical or typographical errors which will detract from the communicative value of the work.
Above all, the advisory purpose of a legal opinion should be borne in mind at all times. Essay UK - http: If this essay isn't quite what you're looking for, why not order your own custom Law essay, dissertation or piece of coursework that answers your exact question? There are UK writers just like me on hand, waiting to help you.
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How to Write Legal Opinions. By Protik Prokash Banerji. In my opinion there is no fixed proforma to give legal opinion. Giving legal opinion is a delicate task.
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.
Writing a legal opinion, - Dissertation books amazon. Our company deals exclusively with experienced and well-educated professionals of academic writing. The following will be a guide to writing an effective and legally sound legal opinion. It will begin by discussing the qualities of good writing which is central to writing a successful legal opinion.
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. 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.