Otherwise, authorities should be cited to support propositions of laws and when doing so a full citation should be given. Moreover, indicate that the opinion is also based on the documents and facts provided.
Lay out the pros and cons of a particular course of action, but always come down on one side or the other. You do not have to agree with the author, but you should be able to identify why you feel the way you do. Where that is impossible, keep your answers as short as possible.
There will be facts in any case which are relevant and pertinent to the case and facts which are not. The opinion presented can, on occasion, be supported by empirical evidence, though more often the opinion is supported not by empirical evidence, but by intellectual logic and emotional engagement.
Evidential issues must also be considered. How to write a legal opinion Law Help How to write a legal opinion The following will be a guide to writing an effective and legally sound legal opinion. Find a common theme within these notes and write a thesis statement based upon this theme.
To answer the query, you will rely on the fact and analysis sections. Evidential issues must also be considered. Always refer the case you are citing back to the facts being dealt with in the legal opinion.
It is important to write in plain English wherever possible. A thorough plan will lead to a logical structure. The Writing Process The legal opinion should be written following a structure.
Identify supporting examples and quotations from the materials that will demonstrate and develop each of these points. 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.
Having said that, completeness and total accuracy is vital and conciseness should not come above giving full and precise advice. After the facts are over, you may begin your analysis, on which the opinion depends. To simplify the analysis process, number all previous paragraphs.
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.
At this point, indicate to your client where they stand in regards to the law applicable. An easy way of analysing is to first set out the law and the provisions of the law or laws that are applicable.
Each issue should be taken in its logical order. Let us first consider what an opinion paper is.
For an easy analysis, first set out the provision of the law and the law itself. The reason why a client has the question is that they are confused about an issue and they want professional guidance in the area. 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.
This does not necessarily imply brevity, but once the point has been made, nothing more need be said. How to write a legal opinion.
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. It will then move on to discussing the formulation of the legal opinion itself.
How to Write Legal Opinions. By. The Admin - January 24, Share 1. Tweet +1 1. Share 8.
10 Shares. By Protik Da. Most clients these days have become smart. They do not want to litigate, defend or even enter into transactions without obtaining a written opinion from at least one lawyer if not more.
How to write a legal opinion. 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.
It will then move on to discussing the formulation of the legal opinion itself. Advise John as to the likely outcome of the case and the legal basis for your prediction. (5 pages maximum) This is a legal hypothetical (or opinion) assignment written by a student who donated it as an exemplar for law students.
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. Feb 24, In the Toulmin model of argument, a warrant is a general rule indicating the To use a well-worn example, the datum 'Harry was born in Bermuda' (Jaap C.
Hage, Reasoning With Rules: An Essay on Legal Reasoning.How to write a legal opinion nzd