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. 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.
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. 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.
This has the advantage, according to one school of thought, of not disclosing all the cards to the client, because nine times out of ten, a client has his own favourite lawyer, who may not be particularly bright, but comes to you for an opinion because you are supposed to be an expert on the subject.
The other school of thought, to which I subscribe, is to make the opinion precise but exhaustive in its scope. Rather like saying be not eternal, since being an opinion you must end, but be infinite while you last!
If the client chooses someone else and he is able to do an adequate job based on your opinion and research, he would have learned something new and the profession itself will be enriched. Remember, a profession is only as good as its least competent member and you are judged not by the best of your kind, but the worst.
More of this later, in some future installment. An opinion, as I see it, must set out the questions on which it is sought very clearly and unambiguously. If the Querist which is what we call a person who seeks the opinion is himself confused, his questions will be equally mindless.
It is your duty as a lawyer to unravel his tangled skein of thought, identify the issues that are material and on which the relief he wants depends, and then frame them as questions. Of course, these must resemble the original questions, because otherwise the Querist will feel that you have not answered him, however stupid his questions might have been.
This narration must not employ any fact that has not been supplied rather like the facts in a moot but it certainly ought to include any presumption or natural inference you have made from the facts, for the purpose of the opinion.
You must of course, state that this is your presumption or inference.
How to write a legal opinion. The following will be a guide to writing an effective and legally sound legal ashio-midori.com will begin by discussing the qualities of good writing which is central to writing a successful legal ashio-midori.com will then move on to discussing the formulation of the legal opinion itself. 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. appearance, client seeking legal opinion, legal question arising from draft agreement, proposed legislation, bench memo for a pending case). • .
After the facts are over, you may begin your analysis, on which the opinion depends. An easy way of analysing is to first set out the law and the provisions of the law or laws that are applicable. Then you go on to summarize the binding precedents judgments of the Supreme Court and the High Court of the State exercising jurisdiction over the subject matter with full citations.
If your choice of extracts is precise enough, your ultimate opinion will appear from the extracts of the judgments that you have quoted.
In the analysis you may also point out the conditions which have to exist for the answer to the queries to be positive or negative which will advise the client as to what steps he ought to have taken so that he can correct himself in the future in similar matters.
Then indicate in brief that according to the law applicable to the facts, where the Querist actually stands. Numbering the paragraphs help, because in your opinion or as part of the analysis you may have to refer to what has been written before and by referring to the paragraph-number you obviate the need of repeating the whole thing.
Now you are ready to answer the Queries, that is, the opinion proper, as it is called. Where that is impossible, keep your answers as short as possible.
An example may help. Remember to use the usual disclaimers, that the opinion is based on the law as it stands on the date when you are signing it, and is based on the facts and documents that were supplied to you by the Querist.
It helps if you list the documents supplied and also that which you have consulted. Remember to add that it is according to the best of your ability. If you are practising as an advocate on record, this will go a long way in saving you from being found guilty of professional misconduct and also negligent in any proceeding before the Bar Council or for damages for malpractice, in case your opinion was wrong.
Interning at his chambers is an experience of a life time. People who learn drafting and oratory skills from him swear by the excellent teacher he is.
He talks about movies and literature as authoritatively as he talks on law and wrote on such diverse subjects for the Economic Times in 1) Opening paragraph states the client's problem, specifies the legal issue on which the client seeks advice, and states the writer's conclusion.
2) This paragraph and the preceding paragraph set out legally significant facts--facts upon which the writer will base her analysis. Proper research is the most important aspect of the legal writing process, and it should always be thoroughly accomplished prior to sitting down to write a legal memorandum.
The next step is to settle on a format. Ruth C. Vance, Judicial Opinion Writing: An Annotated Bibliography, 17 J. Legal Writing Inst. () Judicial Opinion Writing Manual, Federal Judicial Center () "Your Clerkship Source". 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.
Legal Opinion Letter – Legal Writing Assignment I. To: Ms. Debra Hansen your BAC level was twice the legal limit. Therefore, you satisfy this first requirement.
The second requirement, being in. Legal opinion is a first-look view of the controversy being involved. Apart from the questions asked it is equally important to apprise querist about the current situation and what alternates recourse he can take.
How to Write Legal Opinions. By Protik Prokash Banerji Advocate has to know how to write legal opinion as well as what precautions to take in advance to avoid unwanted legal wrangles. understand better. how to write a legal option.
as a law student I don’t even know if whether it is written in a case format or not so. I need to know.