Writing a Good Legal Opinion

2022-12-13 Mpprojekt

So when you write the letter, you need to clarify all the issues. Most of the time, customers come to you with an unclear question. So when you phrase the questions, make them more reasonable. Be sure to phrase them in a way that communicates the customer`s issues in a clearer and more understandable way. „Use the previous solid work product carefully. A solid work product can be a useful resource to start your legal research. The problem, however, is that the law is fluid and constantly evolving. Do not begin by formulating your arguments without first citing the authority cited in the referenced work product. You may find that the authority you are invoking is no longer valid. „Know your audience and their purpose. A memorandum written for a partner who must determine a litigation strategy is a very different document from an appeal brief, which sets out your client`s position before the court.

Understanding how each is used is crucial to ensuring you produce the best product. The most effective documents are those that facilitate trade for the public. If you adapt your writing to this goal, your document will stand out and, if necessary, make your position more convincing. The letter can also be expressed as an opinion on how the highest court would resolve the issues raised in the letter. Professional understanding of the problem depends on the law at the time of writing. However, the opinions expressed in the letter are not a guarantee of a specific result. First, it is important to remember that if you are asked to prepare a legal opinion, you will be asked for advice. Sitting on the fence is not an option. Outline the pros and cons of a particular approach, but always come from one side or the other.

Giving a percentage chance of success at the beginning of a legal opinion is a way to be clear about how you feel about the client`s prospects. Before you start writing a legal opinion, know exactly what advice you`re going to give, why you`re going to give it, and how you`re going to present it. A legal opinion is a written statement by a bailiff, legal expert or court about the illegibility or legibility of a condition, administrator or deed. In business, an opinion letter represents the opinion-giver`s professional understanding of a particular aspect of a particular transaction or transaction based on legal principles. „Increase your credibility in court by being objectively persuasive in your letter. Write short, sharp sentences with an active voice. Once the facts are available to you, a legal framework must be created into which those facts can be logically inserted. For example, legal advice in a personal injury action is based on negligence and is therefore generally structured according to duty, breach of duty, damage, causation, foreseeability, and contributory negligence. In negligent legal advice, it is important to assess the amount of damages that the client can expect. It will be at the forefront of the customer. As a lawyer, you should always make sure that your opinion is accurate and well supported by laws and precedents.

You can do this by thoroughly researching similar cases, laws, and policies around your client`s case before writing any of them. At this stage, many legal opinions will contain the main conclusions and advice, as well as the general opinion. This is a good practice as it encourages concentration throughout the legal opinion and the reader will be able to read the following paragraphs knowing where they lead. A percentage chance of success may be included in this section, if applicable. When writing the letter, ask yourself what your client hired you to do and try not to go beyond that area of work. This means that you should only provide information that is relevant to the client`s case and try not to introduce new topics. While some lawyers find writing natural, others find it more of an obligation than an art. No matter where you fall on this spectrum, there`s one common denominator: you can make it easy for yourself. Whether writing is your friend or foe, there are methods you can implement to make the process smoother, more efficient, and ultimately less tedious. An op-ed is helpful before embarking on a transaction. It is written before entering into transactions, litigation or defending oneself.

An opinion letter should answer all questions to which the client wishes answered. The reason a client has the question is that they are confused about a problem and want professional advice in that area. Reference is made to the interview and your email dated [date] in which you requested legal advice regarding duty relief on the temporary importation of equipment by you for exploration activities carried out by Better Co. Ltd benefiting from import exemption. The importation of equipment and goods by investors in the petroleum sector is governed by the East African Community Customs Management Act No. 1 of 2005, the East African Customs Management Act (Regulations 2006) and Value Added Tax No. 24 of 1997, as amended. One of the most important things you need to do when writing an opinion piece is to stick to what the client asked. When a client seeks legal advice from an expert, they are essentially seeking expert advice on how to proceed in their case.

The preparation of a legal opinion can and should always be divided into two processes: the reflection process and the drafting process. Not only is it easier to mold your facts into existing law, but it also saves you the opportunity to desperately seek authority to support a proposal that, if it doesn`t exist, may require paragraph rewriting or, worse, throw the whole argument overboard. „Legal persuasion is as much about telling stories as it is about using the facts and the relevant law to convince the investigator. Develop a topic or action with a clear beginning (overview of facts, good and bad), intermediate (why your facts support a particular legal conclusion), and end (the action you want the investigator to take).