364203 Tutorial on Legal Opinion and Letter writing PDF

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Tutorial Quesion - Legal Opinion and Leter wriing What is your understanding of Legal Opinion? Legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling. Op...

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Tutorial Question - Legal Opinion and Letter writing 1. What is your understanding of Legal Opinion?

Legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling. Opinions are in those jurisdictions usually published at the direction of the court, and to the extent, they contain pronouncements about what the law is and how it should be interpreted, they reinforce, change, establish, or overturn legal precedent. If a court decides that an opinion should be published, the opinion may be included in a volume from a series of books called law reports ('reporters' in the United States). Published opinions of courts are also collectively referred to as case law, and constitute in the common law legal systems one of the major sources of law. Purpose of opinion letters  To satisfy contractual agreements: This is common when the opinion letter is issued for among other occasions, to an investor concerning the sale of securities  Lawfulness of an action: Opinion letters are given when you want to know if an action is lawful or if the action will lead to desired legal consequences.  Answer questions: They also address the question raised by other professional. They, therefore, provide an authoritative basis for reports, opinions, and reports on matters where other professionals lack the professional capability to make judgments. 2. What are the elements of an effective legal letter?

An opinion letter is useful before you get into a transaction. It is written before one enters, litigates or defends transactions. An opinion letter must address all the questions that the client wants to be answered. The reason why a client has the question is that they are confused about an issue and they want professional guidance in the area. So when writing the letter, you must clarify all the areas of concern. Most of the time, the clients approach you with an unclear question. So, when drafting the questions, make them more sensible. Ensure that you phrase them in a way that communicates the client’s issues but in a more clear and understandable way. State the facts: The facts are the answers to the client’s questions. The facts should answer the questions with a ‘yes’ or ‘no.’ Any fact that has not been supplied should not be included in the narration. However, any natural interface or presumption you have made from the facts must be included. Do not forget to mention that the interface or presumptions are your personal opinions.

Analysis: For an easy analysis, first set out the provision of the law and the law itself. After that, summarize the jurisdiction of the High Court or the Supreme Court over

the issue at hand. Cite all the extracts. For an ultimate opinion, chose precise extracts on which to base your judgment. The analysis should include conditions necessary for a positive or negative answer. Besides, advise the client on steps to take when they find themselves in similar situations again. At this point, indicate to your client where they stand in regards to the law applicable. To simplify the analysis process, number all previous paragraphs. This will relieve you of the burden of repeating previously written information.

Answer the query: To answer the query, you will rely on the fact and analysis sections. The answers should be either ‘yes’ or ‘no’. However, when the monosyllabic answers cannot apply, keep the answers short and to the point. Usual disclaimers: Disclaimers can save you from being reported for malpractice if your opinion is wrong. Under the disclaimer, write that the opinions provided are based on the law as per the time of drafting the opinion. Moreover, indicate that the opinion is also based on the documents and facts provided. List all the documents that the clients provided for the sake of drafting the legal opinion.

3. Draft a sample letter to your client who has sought your legal opinion on contract. You can refer to samples discussed in the lecture and google search...