How to Write Legal Opinions

By Protik Da

Most shoppers as of late have develop into clever.  They don’t need to litigate, defend and even enter into transactions with out acquiring a written opinion from at the least one lawyer, if no more.  Writing these opinions represents a dialectic between two faculties of thought:

One holds that the lawyer is meant to present his opinion, not the sources or precedents that he depends upon.

In keeping with one college of thought, this has the benefit of not disclosing all of the playing cards to the shopper as a result of 9 instances out of ten, a shopper has his personal favorite lawyer, who might not be significantly vibrant, however involves you for an opinion since you are imagined to be an skilled on the topic.

In different phrases, the shopper, even armed together with your opinion, will be unable to go to another lawyer and get the drafting/ conveyancing/pleading performed as a result of he and presumably the opposite lawyer is not going to have the judgments, authorized provisions and authorities, you may have relied upon.

The opposite college of thought to which I subscribe is to make the opinion exact however exhaustive in its scope.

Reasonably like saying be not everlasting, since being an opinion you could finish, however be infinite whilst you final! If the shopper chooses another person and he is ready to do an ample job primarily based in your opinion and analysis, he may have realized one thing new, and the career itself might be enriched.

Keep in mind, a career is barely nearly as good as its least competent member, and you’re judged not by the perfect of your sort, however the worst, extra of this later, in some future installment.

An opinion, as I see it, should clearly and unambiguously set out the questions on which it’s sought. If the Querist (which is what we name an individual who seeks an opinion) is himself confused, his questions might be equally senseless.

It’s your obligation as a lawyer to unravel his tangled skein of thought, establish the problems which can be materials and on which the aid he needs relies upon, after which body them as questions.

In fact, these should resemble the unique questions as a result of in any other case, the Querist will really feel that you haven’t answered him. Nevertheless silly his questions may need been.

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After that, state the information in a way that brings out the data that may develop into related to answering his questions, whether or not with a “sure” or a “no.”

This narration should not make use of any undeniable fact that has not been provided (reasonably just like the information in a moot), however it definitely ought to incorporate any presumption or pure inference you may have made out of the information for the aim of the opinion.

It’s essential to, in fact, state that that is your presumption or inference.

After the information are over, you could start your evaluation, on which the opinion relies upon.

A straightforward manner of analysing is first to set out the regulation and the provisions of the regulation (or legal guidelines) which can be relevant.  Then you definately summarize the binding precedents (judgments of the Supreme Court docket and the Excessive Court docket of the State exercising jurisdiction over the subject material) with full citations.

In case your alternative of excerpts is exact sufficient, your final opinion will emerge from the excerpts of the judgments that you’ve got quoted.

Within the evaluation you might also level out the circumstances which must exist for the reply to the queries to be constructive or destructive which can advise the shopper as to what steps he should have taken in order that he can appropriate himself sooner or later in comparable issues.

Then point out in short that based on the regulation relevant to the information, the place the Querist truly stands.

Numbering the paragraphs helps as a result of, in your opinion or as a part of the evaluation, you could have to discuss with what has been written earlier than, and by referring to the paragraph quantity, you obviate the necessity to repeat the entire thing.

Now you’re able to reply the Queries, that’s, the opinion correct, as it’s known as.  Attempt to reply with a monosyllabic “sure” or “no”, referring to the paragraph variety of the evaluation and information sections of the opinion.

The place that’s unimaginable, preserve your solutions as quick as potential.  An instance could assist.

The place the Querist has requested, “Is the transaction a legitimate mortgage?” You possibly can reply “Sure” or “No” after which add, “in view of what has been mentioned in paragraphs such and such of the Info and paragraphs such and such of the Evaluation.”

Nevertheless, when the Querist asks, “Why is that this not a legitimate mortgage?” You can’t reply with ‘sure’ or ‘no’ however should clarify, although just about what you may have written within the Info and Evaluation sections.

Keep in mind to make use of the standard disclaimers: the opinion is predicated on the regulation because it stands on the date you’re signing it and, on the information, and paperwork that have been provided to you by the Querist.

It helps when you record the paperwork provided and likewise these you may have consulted. Keep in mind so as to add that you’ve got performed so based on the perfect of your skill.

In case you are practising as an advocate on file, this may go a great distance in saving you from being discovered responsible {of professional} misconduct and likewise negligent in any continuing earlier than the Bar Council or for damages for malpractice, in case your opinion was mistaken.

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Mr Protik Prokash Banerji, popularly known as Protik da by regulation college students, juniors, and buddies, is an advocate on the Kolkata Excessive Court docket. Interning at his chambers is an expertise of a lifetime. Individuals who be taught drafting and oratory abilities from him swear by the superb instructor he’s. He talks about motion pictures and literature as authoritatively as he talks about regulation and wrote on such various topics for the Financial Instances in 1994-1995.

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Loads of “find out how to write” guides and free samples can be found on academichelp.internet.

Notice: This text was first revealed on January 24, 2013. The article was revised and up to date on March 28, 2024.