Of course care must be taken to ensure that any statutory provision being cited is in force at the time of writing the legal opinion. If you prefer a digital download of the issue, click here.
Above all, the advisory purpose of a legal opinion should be borne in mind at all times. A good legal opinion will always address how a particular factual situation can be proved. An argument is much better than a discussion. Using the Law in a Legal Opinion.
If you want to interest the editor of Forward a Jewish publicationThe Irish Times or Audrey an Asian lifestyle magazinestate your religion or ethnicity in the cover letter, the piece itself and your bio.
Any legal opinion will be conveying a particular point, but that point will inevitably need to be broken down into sections. After researching the issue, and based on the facts set out below, I believe that a court would likely conclude that Loman's did not enter into a contract with this shopper because the advertisement was not an offer to sell the coats; thus, there was no contract that Loman's could breach.
It is therefore of the utmost importance that it is clear and in plain, understandable English. A legal opinion must focus on the relevant facts, but it may also be necessary to specifically advise that certain things are not relevant.
Any legal opinion will be conveying a particular point, but that point will inevitably need to be broken down into sections. Lexicon Legal Opinion A legal opinion is a written statement by a judicial officer, legal expert or a court as to the illegibility or legibility of a condition, intendant or action.
Every word of the legal opinion should be chosen by the writer because it communicates precisely the advice which the writer intends to covey. For an easy analysis, first set out the provision of the law and the law itself. Clarity defines good writing. Failure to comply with orders — you may also make a complaint if a lawyer fails to comply with any order or final determination made under the Lawyers and Conveyancers Act by a Lawyers Standards Committee or the Legal Complaints Review Officer.
The subsequent paragraphs should set out your reasons for reaching the legal opinion which you do in the opening paragraphs. For example, where an advertisement containing terms for sale was missing the amount of goods available for sale, a court held that the seller had not made an offer that was complete and definite in all material terms.
Just make sure you do have authority. I submitted my Kmart commentary the week the local branch opened, which, luckily, coincided with a front-page debate about superstores infiltrating Manhattan.
Once the facts are at your finger tips, a legal framework needs to be constructed into which these facts can be logically slotted. The analysis should include conditions necessary for a positive or negative answer.
Avoid being mild-mannered, tactful or diplomatic, as well as offering both sides of the story. For example, there is no point citing a Court of Appeal judgment which has been overruled by a subsequent House of Lords case. Similarly, financial references and other such factors should depend on demographics.
The thinking process and the writing process. This is where the legal structure will come in. In this case, the manufacturer had discontinued the line of coats and Loman's was not willing to sell other, designer leather coats at such a drastic markdown.
There are certain rules of structure which ought to be followed for the sake of consistency in legal opinions. Always refer the case you are citing back to the facts being dealt with in the legal opinion.
Such a request will usually include any documents in the case.
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.
Even if you can pen a smart argument on a topical subject, nobody wants to print what everyone already knows. The Thinking Process The first thing to do is to digest and organise the facts. John is later prosecuted under s 2 of the Obscene Publications Act This is clearly the most important question to any client and must be approached with honesty and directness.
If a particular case is central to your reasoning, the basis on which the case was decided should be set out fully in the legal opinion.How to Write an Article; Overcoming Writer’s Block; By Writing Level.
The Huffington Post and The Daily Beast want quick commentary on the ever-changing news cycle from experts who can illuminate different angles of stories as they unfold.
14 thoughts on “ 10 Rules for Writing Opinion Pieces ” pioneerseo January 8, at am. How to write a legal opinion. The following will be a guide to writing an effective and legally sound legal opinion.
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. appearance, client seeking legal opinion, legal question arising from draft agreement, proposed legislation, bench memo for a pending case). • Identify scope of instructions and research.
More News Articles [LEGAL OPINION] SERI commissioned to write a legal opinion on the restraint of protest in or near university campuses (26 January ). In recent years, there has notably been an increase in protest action across all universities in South Africa.
Legal Opinion Letter – Legal Writing Assignment I. To: Ms. Debra Hansen No. Dear Ms. Hansen, Thank you for meeting with me this past week. In this letter, I will provide you with my legal opinion and analysis so you can make a qualified decision regarding the charges you face.
your BAC level was twice the legal limit. How to write a report Reports generally involve presenting your investigation and analysis of information or an issue, recommending actions and making proposals.
There are many different types of reports, including business, scientific and research reports, but the basic steps for writing them are the same.Download