Other types of cases involve different legal frameworks, but regardless of the legal issue, the legal opinion must continually advise on the strength of the client`s position in the case. A question implicitly included in any request for legal advice is, “What to do next?” This should be decided in the planning phase and influence the legal opinion throughout. The last paragraph of a legal opinion should be a “Next Steps” paragraph that informs lawyers of what needs to be done to strengthen the client`s case. Legal advice is an absolute necessity in today`s business world, even if its value is disputed – KELLY A. LOVE1Associate Attorney, Kilpatrick Stockton LLP; P. University of Tennessee School of Law, 2007; B.S. University of Tennessee, 2003. A complete plan leads to a logical structure. Each legal opinion will convey a specific point, but that point must inevitably be divided into sections. Each section will give rise to an opinion and each opinion must be fully explained and justified. Clarity of legal drafting also requires brevity. This does not necessarily mean brevity, but once the point has been raised, nothing more needs to be said.

However, completeness and absolute accuracy are crucial, and conciseness should not go beyond giving complete and accurate advice. It is important to write in clear English whenever possible. Good legal advice avoids archaic language and legal language. The use of legal language creates a barrier between the lawyer and the client and diverts the main purpose of the legal opinion; to communicate. This is not to say that legal advice should be oversimplified. It will undoubtedly provide specialized legal advice and should therefore be as detailed as the author deems necessary. Using simple English simply involves saying what needs to be said in the clearest way and avoiding unnecessary verbosity. There are times when technical terms should be used if they carry the exact meaning of the advice given. You should not run away from this. Perfect grammar, punctuation and language accuracy are essential. Once the facts are at hand, a legal framework must be created in which these facts can be logically inserted. Legal advice in a personal injury action, for example, is based on negligence and is therefore generally structured around duty lines, infringement, damage, causation, foreseeability, and contributory negligence.

In a negligent legal opinion, it is important to assess the amount of damages the customer can expect to receive or pay. This will be at the forefront of the customer`s thinking. Clarity defines good writing. A legal opinion often contains a complex set of facts that need to be sorted into specific and legally defined legal issues. Clarity of expression is therefore crucial. Clarity of expression can only be achieved through careful planning and reflection. Having reviewed the relevant legislation, we believe that this is the case. The law ( ………….. The first thing to do is to digest and organize the facts.

In any case, there will be facts that are relevant and relevant to the case, and facts that are not. A legal opinion should focus on the relevant facts, but it may also be necessary to explicitly point out that certain things are irrelevant. The first phase will be to divide the situation into these categories. It`s a matter of personal preference how this happens, but charts and schedules are often useful and a timeline should be a starting point for any fact-gathering exercise. In the following paragraphs, you must explain the reasons why you obtained the legal advice you give in the introductory paragraphs. This is where the legal structure comes into play. Each problem must be dealt with in its logical order. Each section should include your opinion on this topic and the reasons for it. 3.2 Question 2: Ministers…………………………. is prescribed and therefore illegal Below are instructions on how to draft an effective and legally secure legal notice.

It will begin by discussing the qualities of good writing, which are essential to writing a successful legal opinion. He will then discuss the wording of the legal opinion itself. Finally, the application of the law is discussed in a legal opinion and how to refer effectively and effectively to both case law and the law. (1) The introductory paragraph indicates the customer`s problem, specifies the legal issue on which the customer seeks advice and indicates the author`s conclusion. (2) This paragraph and the preceding paragraph set out legally significant facts – facts on which the author will base his analysis. The factual criteria of the tendering rule in contract law discussed in the next paragraph of the letter give rise to the legally significant facts. 6) The author explains part of the rule by providing an example. Nothing in this opinion should be construed as an expression of opinion with respect to any representations or warranties or other information or materials reviewed in connection with this opinion, unless expressly confirmed herein.

The legal opinion must be drafted according to a structure. It should be entitled OPINION or COUNCIL and include the title of the case in the title. The first few paragraphs should serve as an introduction to the legal opinion and set out the main facts and what you have been asked to comment on.