A good legal opinion will always address how a particular factual situation can be proved. It may even be appropriate to quote directly from the judgment although often paraphrasing the effect of the decision will usually suffice.
Always cite the most authoritative case on the point of law being dealt with. Using the Law in a Legal Opinion. Professional understanding of the issue relies on the law at the date of writing. This does not necessarily imply brevity, but once the point has been made, nothing more need be said.
Finally it will discuss the use of law in a legal opinion and how to refer to both case law and statute effectively and efficiently. For example, there is no point citing a Court of Appeal judgment which has been overruled by a subsequent House of Lords case.
Besides, advise the client on steps to take when they find themselves in similar situations again. Most of the time, the clients approach you with an unclear question. A good legal opinion will avoid archaic language and legalese.
Once the facts are at your finger tips, a legal framework needs to be constructed into which these facts can be logically slotted. Essay UK - http: 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.
The letter can also be said to as an opinion of how how to write a legal opinion pdf merge highest court of jurisdiction would resolve the issues expressed in the letter.
A thorough plan will lead to a logical structure. Lexicon Legal Opinion 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.
A legal opinion in a personal injury action for example will be based on negligence and therefore will usually be structured along the lines of duty, breach, damage, causation, forseeability and contributory negligence. There are certain rules of structure which ought to be followed for the sake of consistency in legal opinions.
Otherwise, authorities should be cited to support propositions of laws and when doing so a full citation should be given. Every word of the legal opinion should be chosen by the writer because it communicates precisely the advice which the writer intends to covey. So, when drafting the questions, make them more sensible.
Under the disclaimer, write that the opinions provided are based on the law as per the time of drafting the opinion. This should not be shied away from. There are UK writers just like me on hand, waiting to help you. There are times where technical terms will have to be used if they carry the precise meaning of the advice being delivered.
There is no need to set out basic principles of law with which the reader will be familiar. Any legal opinion will be conveying a particular point, but that point will inevitably need to be broken down into sections.
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.
It is important to write in plain English wherever possible. At this point, many legal opinions will set out the main conclusions and advice and the overall opinion. A percentage chance of success can be included in this section if appropriate. A logical structure based on the legal principles being discussed is vital to clarity.
Formulation of a Legal Opinion A request for a legal opinion will usually come in written form. 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. Just complete our simple order form and you could have your customised Law work in your email box, in as little as 3 hours.
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.
There will be facts in any case which are relevant and pertinent to the case and facts which are not. This will relieve you of the burden of repeating previously written information.
Another purpose is to satisfy regulatory requirements. Quality of Writing The primary purpose of a legal opinion is communication of advice to either a lay or professional client.
So when writing the letter, you must clarify all the areas of concern. This is common when the opinion letter is issued for among other occasions, to an investor concerning the sale of securities Lawfulness of an action: Above all, the advisory purpose of a legal opinion should be borne in mind at all times.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.
Drafting Legal Opinions D I Cassidy QC, June Reviewed DecemberMayOctoberMayAugustAugustVictoria Legal Aid BC;  HCA 12 for negligent advice. It is therefore wise to learn to When I write an opinion on a tenancy matter my rate of charge is often double that for other.
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