The legal writing handbook pdf

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An action for use correct the headnotes found on top of the lecture. Where it was a legal encyclopedias are the legal writing handbook pdf files. Need an account? Click here to sign up. Download Free PDF. A short summary of this paper.

Download Download PDF. Translate PDF. Olivia Humphreys Prepared by Tutor Ms. Stephenson- Attorney-at-Law LL. Credit UG , L. Kayreen T. 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. Legal Opinion vs. It points to the key difference between a legal opinion and legal advice—i.

In this way, being aware of the difference between a legal opinion and legal advice can save time and money and help you get the best legal services possible. The letter can also be said to as an opinion of how the highest court of jurisdiction would resolve the issues expressed in the letter.

Professional understanding of the issue relies on the law at the date of writing. However, the opinions expressed in the letter are not a guarantee of a particular outcome. They, therefore, provide an authoritative basis for reports, opinions, and reports on matters where other professionals lack the professional capability to make judgments. Another purpose is to satisfy regulatory requirements. How to Write an Opinion 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. 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. 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. 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.

However, when the monosyllabic answers cannot apply, keep the answers short and to the point. 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. 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. 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.