HOW TO WRITE A LEGAL OPINION
An attorney’s legal opinion is the statement of his professional conclusions about certain legal topics and issues on which their reasoned opinion was solicited. These matters and issues must be related to the practice of law. It is the answer of an attorney to particular legal concerns, and it is always backed up by pertinent legal authority about the legal issues at hand. Subsequently, you will find sample guidance to help you write an efficient and legally sound legal opinion.
Whether that client is a professional or a layperson, communication of counsel to a client is the main objective of a legal opinion. Therefore, it is of the highest significance that it be crystal clear and written in English that is simple and easy to comprehend. Because every word of the legal opinion conveys exactly the counsel that the writer means to convey, thus legal essay writer must be very careful when selecting each phrase to include in the opinion.
It is critical to always write in straightforward English whenever it is feasible. A sound legal opinion will steer clear of dated terminology and complicated legalese. The use of legalese will act as a barrier between the client and the lawyer. It will also distract from the primary objective of the legal opinion, which is to communicate.
Nevertheless, that does not mean that the legal view needs to be oversimplified. Because it will undoubtedly be giving specialized legal advice, it must be as comprehensive as the writer believes necessary. Speaking what has to be communicated in the simplest manner possible and avoiding excessive verbosity are key components. There are occasions on which the use of technical terms is obligatory since such terms convey the exact meaning of the guidance that is being provided.
Clarity is the hallmark of excellent writing. A legal opinion will often comprise a convoluted collection of facts, each of which will need to be organized into distinct legal concerns and stated using appropriate legal terminology. Therefore, precision in phrasing is really necessary. Only through careful preparation and reflection is it possible to develop clarity of language.
A comprehensive strategy will result in a sensible structure. Any legal opinion will state a certain point, but breaking that point down into portions will always be necessary. At the end of each part, you will provide your opinion, which has to be completely supported and explained. Conciseness is necessary for achieving clarity in legal writing. Once the point has been conveyed, there is no need to elaborate more since nothing is said about it. This does not always mean brevity. On the contrary, completeness and absolute correctness are very important, and providing brief advice should not take precedence over providing comprehensive and accurate advice.
The legal opinion must be drafted per a framework. It needs to be labeled as either “opinion” or “advice,” and the name of the case ought to be included in the headline. In the first few lines of your legal opinion, you should provide an introduction by setting out the most important facts and explaining the nature of the question that has been posted to you.
At this stage, most legal opinions will lay down the primary findings and recommendations and their overall judgment. This is a smart technique to follow since it will promote concentration throughout the whole legal opinion, and the reader will be able to read the subsequent paragraphs knowing where they are headed. If it seems suitable, a percentage estimate of the likelihood of success might be supplied in this area.
In the following paragraphs, you should explain why you have arrived at the same legal conclusion as you did in the introductory paragraphs. At this point, the legal framework will be brought into play. Next, each problem should be tackled in the order that makes the most sense logically. Finally, you need to explain your stance on the problem and its reasoning in each part.
In the last section of a legal opinion, there should be a section titled “Next Steps,” which guides the client’s instructing attorneys on the actions that should be taken to bolster their client’s position.
To maintain coherence among legal views, a set of structural guidelines must be adhered to. One of them is the order in which issues related to responsibility and quantum should be addressed in the context of civil claims. If there are two or more defendants, you must first determine the level of responsibility for each defendant before moving on to the number of damages.