How exactly to write a legal opinion with finesse and flair. It'll start by discussing the qualities...

1. Just how to write a legal opinion with flair and finesse.
How exactly to write a legal opinion with finesse and flair.
It'll start by discussing the qualities of great writing which is essential to writing a legal opinion that
is successful. It'll then move on to discussing the conceptualization of the legal opinion itself.
Eventually it is going to discuss the use of law in a legal opinion and the best way to refer to both
case law and legislative act efficiently and effectively.
Quality of Writing
The main goal of a legal opinion is communicating of advice to a lay or professional client. It is
consequently of extreme significance that it's clear and in plain, understandable English. Every word
of the legal opinion should be selected by the writer since it communicates exactly the advice that
the writer thinks to covey.
It is important to write in plain English wherever possible. A legal opinion that is good will avoid
archaic language and legalese. Usage of legalese divert the primary purpose of the legal opinion; to
convey and will create a barrier between lawyer and client. It will undoubtedly be sharing
specialised legal advice and must therefore be as detailed as the writer thinks essential. The use of
simple English simply involves preventing unnecessary verbosity and saying what must be said in
the clearest manner possible. There are times where technical terms will have to be used should
they carry the precise meaning of the guidance being delivered. Perfect grammar, punctuation and
preciseness of language are vital.
Good writing is defined by clarity. A legal opinion will commonly contain a complex set of facts
which will need to be sorted into legal problems that are particular and defined in legal terms.
Clarity of expression is so vital. Clarity of expression can only be achieved through thorough
planning and idea.
A thorough plan will result in a construction that is plausible. Any legal opinion will be carrying a
certain point, but that point will inevitably have to be broken down into sections. Each section will
culminate in an opinion and each opinion should be completely explained and justified. Conciseness
is also required by clarity of legal writing. Nothing more need be said, when the purpose has been
made, although this does not necessarily mean brevity. With that said, total accuracy and
completeness is conciseness and critical should not come above giving complete and exact advice.
Such a request will generally include any records in the instance. The request for a legal opinion will
comprise a number of questions which the legal adviser is being requested to address and usually at
least one.
A legal opinion will frequently have the over arching issue of does the customer have a good and
viable case. This really is undoubtedly the most important question to any customer and should be
approached with directness and honesty. A great legal opinion will spell this out quite exactly if the
customer's case is not feasible they must be advised of this in the course of the legal opinion, if
there's something which can be carried out to enhance the client's prospects of succeeding. Activity
points that are numbered are one means of attaining in this aspect.
Above all it is essential to not forget that in being requested to draft a legal opinion, you're being

2. asked to advise. Sitting on the fence is not 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
success at the start of a legal opinion is one means of being clear of what you presume the client's
prospects are.
Drafting a legal opinion can and should constantly be split into two processes: The thinking
procedure and also the writing procedure.
The Thinking Procedure
Organise and the first thing to do is to digest the facts. There will be facts in any case that are
important and pertinent to the case and facts which are not. A legal opinion must focus on the
important facts, but it might also be necessary to specifically advise that certain matters aren't
applicable. The first stage will be about organising the facts of the case into these classes. It's a
matter of individual preference how this is done, but charts and schedules are commonly useful and
a chronology ought to be a starting point for every fact marshalling exercise.
Once the facts are at your finger tips, into which these facts could be rationally slotted a legal
framework has to be constructed. A legal opinion in a personal injury action for example will
probably be based on negligence and so will typically be structured along the lines of damage,
breach, duty, causation, forseeability and contributory negligence. In a neglect legal opinion it will
be vital to measure the amount of damages that the customer can expect to receive or pay out. This
will be at the vanguard of the customer's thoughts.
Whatever the legal problem, the legal opinion must be constantly advising on the strength of the
customer's position in the instance, although other types of cases will include different legal
frameworks. This is supposed to be determined in the planning stage and ought to advise the legal
opinion throughout.
What should likewise be borne in mind through the planning stage 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 good legal opinion will always address how a particular factual
situation may be shown.
Before you begin writing a legal opinion, you will understand just what advice you are going to give,
why you're giving it and how you're going to present it.
The Writing Process
It should be entitled OPINION or GUIDANCE and contain the title of the case in the heading. The
first paragraphs should serve as an introduction to the legal opinion, what you've been asked to
inform about and laying out the conspicuous facts.
Now, many legal opinions will set out guidance and the principal conclusions along with the general
opinion. This really is good practice as it'll encourage focus through the legal opinion and the reader
will have the ability to read the following paragraphs knowing where they're leading. A percentage
likelihood of
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success may be comprised in this section if suitable.
The subsequent paragraphs should set out your reasons for reaching the legal opinion which you do

3. in the opening paragraphs. This really is where the legal arrangement will come in. Each problem
should be taken in its logical order. Each section should include you opinion on that problem as well
as the reasons for it.
There are certain rules of construction which ought to be followed for the sake of uniformity in legal
opinions. 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 ought to be a 'Next Steps' paragraph suggesting of
what must be carried out to strengthen the client's case, the instructing solicitors.
Using the Law in a Legal Opinion.
There is no need to set out basic principles of law with which the reader will be familiar. Authorities
ought to be cited when doing so a full citation ought to be given and to support proposals of laws. It
is important to prioritise the authorities mentioned to the point being addressed in
http://philippinelawcases.blogspot.com/ a legal opinion in order of importance. The basis on which
the case was decided should be set out in the legal opinion if a particular case is central to your
reasoning. Although often paraphrasing the effect of the selection will normally suffice it may even
be appropriate to quote directly from the opinion. Always refer the case you are mentioning back to
the facts. Always mention the most important case on the point of law being dealt with.
With regard to statute, substantially of exactly the same guidance will use. Then this should be
clearly stated, when there is a statutory provision which deals directly with the subject of the legal
opinion and its effects fully described. Of course care should be taken to make certain that any
statutory provision being mentioned is in force at the time of writing the legal opinion.
To sum up, any legal opinion ought to be written with the reader in head. It ought to be as concise,
well reasoned and clear as it's possible to be without losing completeness. A logical structure on the
basis of the legal principles is essential to clarity. Any piece of legal writing ought to be read before
entry to ensure against grammatical or typographical errors which will detract from the
communicative value of the job. Most importantly, the advisory intent of a legal opinion should be
borne in mind at all times.