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Formulation of a Legal Opinion
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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. The letter can also be said to as an opinion of how the highest court of jurisdiction would resolve the issues expressed in the letter. Professional understanding of the issue relies on the law at the date of writing.

However, the opinions expressed in the letter are not a guarantee of a particular outcome. An opinion letter is useful before you get into a transaction. It is written before one enters, litigates or defends transactions. An opinion letter must address all the questions that the client wants to be answered. The reason why a client has the question is that they are confused about an issue and they want professional guidance in the area.

So when writing the letter, you must clarify all the areas of concern. Most of the time, the clients approach you with an unclear question. So, when drafting the questions, make them more sensible.

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Legal Opinion August 5, by Martin 0 0. August 5, by Martin 0 0. Purpose of opinion letters To satisfy contractual agreements: 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: Opinion letters are given when you want to know if an action is lawful or if the action will lead to desired legal consequences.

They also address the question raised by other professional. They, therefore, provide an authoritative basis for reports, opinions, and reports on matters where other professionals lack the professional capability to make judgments.

Another purpose is to satisfy regulatory requirements. It is important to write in plain English wherever possible. A good legal opinion will avoid archaic language and legalese. Use of legalese will create a barrier between lawyer and client and divert the main purpose of the legal opinion; to communicate. That is not to say that the legal opinion should be over simplified. It will no doubt be conveying specialised legal advice and must therefore be as detailed as the writer thinks necessary.

The use of plain English simply involves saying what needs to be said in the clearest way possible and avoiding unnecessary verbosity. There are times where technical terms will have to be used if they carry the precise meaning of the advice being delivered. This should not be shied away from. Perfect grammar, punctuation and precision of language are essential. Clarity defines good writing. A legal opinion will often contain a complicated set of facts which will have to be sorted into specific legal issues and defined in legal terms.

Clarity of expression is therefore vital. Clarity of expression can only be achieved through thorough planning and thought. A thorough plan will lead to a logical structure. Any legal opinion will be conveying a particular point, but that point will inevitably need 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. This does not necessarily imply brevity, but once the point has been made, nothing more need be said.

Having said that, completeness and total accuracy is vital and conciseness should not come above giving full and precise advice. A request for a legal opinion will usually come in written form.

Such a request will usually include any documents in the case. The request for a legal opinion will include at least one and usually a number of questions which the legal advisor is being asked to address.

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. A legal opinion will often have the over arching question of does the client have a good and viable case.

This is clearly the most important question to any client and must be approached with honesty and directness. Numbered action points are one way of achieving clarity in this regard. Above all it is vital to remember that in being asked to draft a legal opinion, you are being asked to advise. Sitting on the fence is not an option. Lay out the pros and cons of a particular course of action, but always come down on one side or the other..

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

Once the facts are at your finger tips, a legal framework needs to be constructed into which these facts can be logically slotted.

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.

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. What should also be borne in mind throughout the planning stage should be the opposing case.

Evidential issues must also be considered. A good legal opinion will always address how a particular factual situation can be proved. Before you begin writing a legal opinion, you will know exactly what advice you are going to give, why you are giving it and how you are going to present it. 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.

How Do You Write a Legal Statement?

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Writing these opinions represent a dialectic between two schools of thought: One, which holds that the lawyer is supposed to give his opinion, not the sources or precedents that he relies upon.

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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. In business, an opinion letter represents the opinion giver's professional understanding of a particular aspect of a transaction or a .

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Drafting a legal opinion can and should always be split into two processes: The thinking process and the writing process. The Thinking Process The first thing to do is to digest and organise the facts. Writing a legal opinion, - Dissertation books amazon. Our company deals exclusively with experienced and well-educated professionals of academic writing.

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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 guidance. 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 conclusion.