legal opinion sample essay

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Guide: How to write a legal opinion

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• Subject area(s): Law essays
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• Published: 17 November 2019*
• Last Modified: 8 March 2023
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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. Finally it will discuss the use of law in a legal opinion and how to refer to both case law and statute effectively and efficiently.

Quality of Writing

The primary purpose of a legal opinion is communication of advice to either a lay or professional client. It is therefore of the utmost importance that it is clear and in plain, understandable English. Every word of the legal opinion should be chosen by the writer because it communicates precisely the advice which the writer intends to covey. 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.

Formulation of a Legal Opinion

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. The client will want to know for example not “will liability be established?”, but “will I get any money out of this and if so how much?” 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. If the client’s case is not viable they must be advised of this in the course of the legal opinion, if there is something which can be done to improve the client’s prospects of success, a good legal opinion will spell this out very precisely. 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.. Giving a percentage chance of success at the beginning of a legal opinion is one way of being clear about what you think the client’s prospects are. 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. There will be facts in any case which are relevant and pertinent to the case and facts which are not. A  legal opinion  must focus on the relevant facts, but it may also be necessary to specifically advise that certain things are not relevant. The first stage will be about organising the facts of the case into these categories. It is a matter of personal preference how this is done, but charts and schedules are often useful and a chronology should be a starting point for every fact marshalling exercise. 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. This will be at the forefront of the client’s mind. Other types of cases will involve different legal frameworks, but whatever the legal issue, the  legal opinion  must be continuously advising on the strength of the client’s position in the case. One question which is implicit in every request for a legal opinion is ‘what should be done next?’ This should be decided at the planning stage and should inform the legal opinion throughout. What should also be borne in mind throughout the planning stage should be the opposing case. A legal opinion will be useless if it considers the client’s case in isolation. 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 Writing Process

The legal opinion should be written following a structure. It should be entitled OPINION or ADVICE and contain the title of the case in the heading. 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. There are certain rules of structure which ought to be followed for the sake of consistency in legal opinions.  One example of these is that liability should be dealt with before quantum in civil claims. If there are two or more defendants take each of the defendant’s liability in turn before turning to quantum. The concluding paragraph of a legal opinion ought to be a ‘Next Steps’ paragraph advising the instructing solicitors of what needs to be done to strengthen the client’s case.

Using the Law in a Legal Opinion.

There is no need to set out basic principles of law with which the reader will be familiar. Otherwise, authorities should be cited to support propositions of laws and when doing so a full citation should be given. It is important to prioritise the authorities cited in a legal opinion in order of importance to the point being addressed. If a particular case is central to your reasoning, the basis on which the case was decided should be set out fully in the legal opinion. It may even be appropriate to quote directly from the judgment although often paraphrasing the effect of the decision will usually suffice. Always refer the case you are citing back to the facts being dealt with in the legal opinion. Always cite the most authoritative case on the point of law being dealt with. For example, there is no point citing a Court of Appeal judgment which has been overruled by a subsequent House of Lords case. With regard to statute, much of the same advice will apply. If there is a statutory provision which deals directly with the subject of the legal opinion then this should be clearly stated and its effects fully explained. 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. In summary, any legal opinion should be written with the reader in mind. It should be clear, well reasoned and as concise as it is possible to be without sacrificing completeness. A logical structure based on the legal principles being discussed is vital to clarity. Any piece of legal writing should be read before submission to ensure against grammatical or typographical errors which will detract from the communicative value of the work. Above all, the advisory purpose of a legal opinion should be borne in mind at all times.

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Legal Opinion Example: A Comprehensive Guide for Professionals

In the bustling world of legal affairs, the crafting of a legal opinion stands as a cornerstone of professional advice, guiding clients through the maze of legalities they face. But what does it take to draft a compelling legal opinion? And how can one serve as a beacon of clarity in a sea of legal complexities? This article will explore the anatomy of a legal opinion example, breaking down its elements with a sprinkle of expertise, creativity, and of course, a dash of legal jargon, simplified. So, buckle up as we dive deep into the intricacies of legal opinions, ensuring you come out the other side more enlightened.

What Is a Legal Opinion?

Before we roll up our sleeves and dissect a legal opinion example, let’s clear the deck about what a legal opinion actually entails. In essence, it’s a document crafted by a legal expert, providing an analysis or a viewpoint on a specific legal issue or transaction. Think of it as a lighthouse, guiding ships safely to shore in the foggy sea of legal dilemmas.

Anatomy of a Legal Opinion Example

Crafting a legal opinion is akin to preparing a gourmet meal; every ingredient must be measured with precision, and the presentation should be impeccable. Here’s a breakdown:

Heading and Introduction

• Title : Clearly states the purpose, e.g., “Legal Opinion on the Validity of Contract X.”
• Date and Recipient : Identifies when the opinion was drafted and who it’s for.

Background Information

• Brief Overview : A succinct summary of the relevant facts and the legal question at hand.
• Details of the Query : Expands on the specifics of the legal issue or transaction being addressed.

Analysis Section

• Legal Framework : Outlines the laws, regulations, and precedents applicable to the case.
• Application of Law : Demonstrates how the legal framework applies to the given facts.
• Arguments and Counterarguments : Weighs different legal viewpoints, showcasing a balanced analysis.

Conclusion and Recommendations

• Opinion : The lawyer’s professional judgment on the matter.
• Advice : Practical recommendations based on the legal opinion.

Signature and Credentials

• Validation : The legal expert’s signature, affirming the authenticity of the opinion.
• Credentials : A brief about the author’s legal qualifications and expertise.

Writing Style Tips for a Legal Opinion

Crafting a legal opinion requires not just legal acumen but also a flair for communication. Here’s how to keep it engaging:

• Use Contractions : They make the text more accessible and conversational.
• Employ Idioms and Colloquialisms : Sparingly use them to add color and relatability.
• Leverage Transitional Phrases : Words like “however,” “moreover,” and “therefore” ensure smooth sailing from one point to the next.
• Interject Thoughtfully : Occasionally, a well-placed “indeed” or “in fact” can emphasize a crucial point without overdoing it.

How Often Should I Refer to the Focus Keyword?

Aim to mention “legal opinion example” 2-3 times throughout your article, including headings, to maintain SEO relevance without compromising natural flow.

Can Bullet Points or Numbered Lists Enhance a Legal Opinion?

Absolutely! They can break down complex information into digestible chunks, making the opinion easier to navigate.

What Makes a Legal Opinion Stand Out?

Clarity, thorough analysis, and practical recommendations are the hallmarks of a standout legal opinion. It’s not just about the legal jargon but how you demystify it for the reader.

A well-crafted legal opinion serves as a navigational tool, guiding clients through the complexities of their legal issues with precision and clarity. By breaking down a legal opinion example into its core components, employing a style that balances professionalism with readability, and adhering to best practices in legal writing, you can transform a daunting legal advisory into an insightful, accessible guide. Remember, at the heart of a compelling legal opinion is not just the expertise it conveys but the understanding it fosters. So, go forth and draft with confidence, creativity, and, most importantly, clarity.

A Legal Opinion: Review and Analysis Essay

A legal opinion is an opinion that has its basis in law through which courts operate. There are various kinds of legal opinions that differ depending on their supporters as well as their specific countries of origin, resulting in different kinds of information altogether. In the UK as well as other countries making use of common law, legal opinions refer to the advice on the law given by a barrister or a law officer holding a senior position in government. Examples of legal opinions from which information is derived include; dissent, majority, concurring, and plurality legal opinions.

Information Contained in a Legal Opinion

According to (Posner,1988), a legal opinion is an explanation written by judges to accompany the ruling of cases, stating principles of law as well as rationale on which their ruling was based. For opinions to be published there must be a direction by the court and they should state what law constitutes as well as reasons for a particular decision by judges. The purpose of legal opinions is to overturn, change, reinforce and establish legal precedent. Once an opinion is passed by the law court for publication, it gets included in one of the volumes of law reports. In the US it is referred to as reporters while legal opinions that have been published are collectively called case law, which is a major source from which law is refereed, in legal systems of common law.

However, a legal opinion can also be from attorneys with different information from that of judges. Attorney’s legal opinion contains a formal statement to the client showing what a lawyer considers as law, how it’s interpreted by courts as well as its application in a client’s circumstances.

Information contained in legal opinions also varies in accordance with their different types. They include majority opinions applied in law, which is an opinion by the judicial, supported by most court members. This particular legal opinion shows what a court has decided and explains principles upon which the court bases its decision. (Epstein, 1996)

Another kind of legal opinion is the dissenting that gives information on how judges disagree with the court’s majority opinion and how it has been judged. This particular opinion is not included in case law but regarded as authority that

is persuasive, in cases where it argues about the overturning or limitation of court’s holdings. However, a dissent is sometimes used to fix some changes in the legal system where a majority opinion is written regarding the same law that had been cited by an earlier case’s dissent. More information of legal opinion can be derived from plurality opinion written by justices in a court of appellate, showing rejection of an opinion by majority and leaving it to be determined by a court’s plurality. In this case the legal opinion shows lack of support by half the number of justices in court but is highly supported than other opinions in court at that particular time. (Posner, 1988)

A legal concurring opinion which is written by judges shows the support given by court’s majority though in a manner that is quite different. Different reasons for supporting a particular opinion are given, reflecting on the basis on which those judges make decisions.

In cases where an opinion lacks a court’s majority support, concurring opinions forms courts decisions. Information of a legal opinion can also be derived from a legal memorandum opinion, which is an opinion by judges but does not form a part of persuasive, precedent or mandatory. A legal memorandum opinion gives announcements of case judgments but its acceptance in case law depends on its kind of decision. Case law in which some of the legal opinions are cited refers to rules as well as principles of law, formulated in legal opinions from the law courts. In some cases, some particular information is deleted so as to have business information that is confidential protected, and is therefore put in brackets form. (Epstein, 1996)

Epstein L. (1996): The Supreme Court Compendium’s Press pp. 12-15.

Posner R. (1988): Law and Literature: Harvard University Press pp. 17-20.

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How to write A Legal Opinion

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Step-by-step guide on how to write a legal opinion in South Africa:

Identify the issue: Clearly state the legal question or issue that needs to be addressed.

Apply the facts: Outline the relevant facts of the case and explain the background of the dispute.

Analyze the law: Conduct research on the applicable laws, regulations, and previous case precedents that relate to the issue at hand.

Apply legal reasoning: Examine how relevant laws and precedents apply to the specific facts of your case.

Discuss alternative interpretations: Mention any arguments or interpretations that could be made against your position, and counter these with your own legal reasoning.

Provide a conclusion: Offer a clear and concise conclusion in response to the original legal question or issue, supported by your analysis.

Use clear language: Write using clear and concise language, avoiding jargon as much as possible.

Keep it professional: Ensure the tone of your legal opinion remains professional and objective throughout, even when discussing opposing arguments.

Proofread: Carefully review and edit your work before submission. Example Legal Opinion: Subject: Legal Opinion on Breach of Contract Issue: Whether Party A has breached their contractual obligations towards Party B under Contract X dated 1st January 2020? Facts: Party A entered into a contract with Party B on 1st January 2020 to supply 100 units of Product Z by 1st March 2020. On 15th February 2020, Party A informed Party B that they would only be able to supply 80 units by the due date. Applicable Law: In South African Contract Law, breach of contract occurs when one party fails to perform their obligations under a valid agreement (Breach of Contract Act No. 16 of 1965). Legal Analysis: Under Contract X, Party A has a clear obligation to supply 100 units of Product Z by 1st March 2020. Party A's notification that they can only supply 80 units constitutes a breach of their contractual obligations.

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Course : Law of contract (LLOC 2604)

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