Write Opinion Essay
Drafting a legal opinion can and should always be split into two processes: The thinking process and the writing process.
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.’ 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 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.Other types of cases will involve different legal frameworks, but whatever the legal issue, the 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?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. Perfect grammar, punctuation and precision of language are essential. 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 can only be achieved through thorough planning and thought. Any legal opinion will be conveying a particular point, but that point will inevitably need to be broken down into sections.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?