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Legal Opinion

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❶Through small-group class interaction, encounters with lawyers, judges, and teachers, visits to courtrooms and law firms, and interaction with popular media, students will learn to read and produce good legal writing, to study and understand U. The last section is the conclusion, which should summarize the document and describe the legal analysis.

Legal Writing at Duke Law School

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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. To answer the query, you will rely on the fact and analysis sections. However, when the monosyllabic answers cannot apply, keep the answers short and to the point.

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. I agree to Cleverism's. Boost your job visibility and reach more highly qualified active and passive job seekers A boosted job also called premium job will be shown ahead of all other similar basic jobs in the job search. On Cleverism, you reach more than 4m high-performance active and passive job seekers a year.

Outstanding employer branding that attracts the right talents A Premium Company Profile puts your company ahead of all other similar companies in the company search. Get Exclusive Salary Negotiation Checklist. We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. 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.

In a negligence legal opinion it will be vital to assess the level of damages that the client can expect to receive or pay out. What should also be borne in mind throughout the planning stage should be the opposing case. Evidential issues must also be considered. A good legal opinion will always address how a particular factual situation can be proved. Before you begin writing a legal opinion, you will know exactly what advice you are going to give, why you are giving it and how you are going to present it.

The legal opinion should be written following a structure. The first paragraphs should serve as an introduction to the legal opinion, laying out the salient facts and what you have been asked to advise about. At this point, many legal opinions will set out the main conclusions and advice and the overall opinion. This is good practice as it will encourage focus throughout the legal opinion and the reader will be able to read the following paragraphs knowing where they are leading.

A percentage chance of success can be included in this section if appropriate. The subsequent paragraphs should set out your reasons for reaching the legal opinion which you do in the opening paragraphs.

This is where the legal structure will come in. Each issue should be taken in its logical order. Each section should include you opinion on that issue and the reasons for it. There are certain rules of structure which ought to be followed for the sake of consistency in legal opinions. One example of these is that liability should be dealt with before quantum in civil claims.

There is no need to set out basic principles of law with which the reader will be familiar. Otherwise, authorities should be cited to support propositions of laws and when doing so a full citation should be given. It is important to prioritise the authorities cited in a legal opinion in order of importance to the point being addressed. 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.

It may even be appropriate to quote directly from the judgment although often paraphrasing the effect of the decision will usually suffice. Always refer the case you are citing back to the facts being dealt with in the legal opinion. Always cite the most authoritative case on the point of law being dealt with. For example, there is no point citing a Court of Appeal judgment which has been overruled by a subsequent House of Lords case.

With regard to statute, much of the same advice will apply. If there is a statutory provision which deals directly with the subject of the legal opinion then this should be clearly stated and its effects fully explained. 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. In summary, any legal opinion should be written with the reader in mind.

It should be clear, well reasoned and as concise as it is possible to be without sacrificing completeness. A logical structure based on the legal principles being discussed is vital to clarity. The Legal Analysis, Research and Writing Program is also distinguished by its use of writing faculty with substantial past law practice who have moved into the teaching of writing as their primary professional commitment and research faculty who are part of the Law School's professional reference librarians, all of whom are also lawyers.

Duke was one of the first top-tier law schools to employ writing faculty whose first professional commitment is teaching; at a number of other top-tier schools, these courses are still taught by upperclass law students, recent law graduates, or practitioners who serve as adjunct professors. The blend of academic strength and first-rate practical experience in the Duke Law Program results in a rigorous and richly rewarding experience.

Duke Law School's upper-level advanced legal writing courses provide students with opportunities to hone further the legal writing skills taught in the first year. These courses are geared to specific subject-matter or legal writing settings, taught by the writing faculty in small seminars, and include substantial feedback to students on their written products.

Some of these courses also involve continued instruction in legal research. Professor Jo Ann Ragazzo teaches this course which helps prepare students for the rigors of legal analysis and writing in general civil practice by providing a variety of writing experiences including opinion and demand letters, pleadings, motions, and trial briefs.

It culminates in oral arguments on motions before members of the bench and bar. Professor Jeremy Mullem teaches this two-credit course which introduces the components of contracts, a formal vocabulary for discussing them, and the skill of translating business deals to the page.

Contract Drafting features writing exercises that will be done both in and outside of class. In addition, extensive peer and instructor editing will be used.

While the skills taught will be basic, they will also apply to more sophisticated contracts, including those that Duke Law students can expect to see and draft in practice. While this writing-intensive course fulfills the upper-level professional skills requirement, because performing significant independent legal research is not a part of it, it does not fulfill the substantial research and writing project requirement.

Baker, and Emily Strauss each teach sections of this course in different semesters. In the course, students will produce an original analytic paper of substantial length.

Papers must involve significant and thorough independent research, be well-written, and provide appropriate sourcing. Participants are free to choose any topic that may be addressed seriously in an article-length piece and that may be written during one semester.

The course offers each student the opportunity to focus on and assess the writing style practiced by the judge for whom each will be clerking or another whose opinions she or he admires. In addition, the students will practice forms of legal writing that they, as clerks, will be drafting for their judges—a bench memorandum, a majority opinion, and a concurrence or dissent.

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Writing these opinions represent a dialectic between two schools of thought: One, which holds that the lawyer is supposed to give his opinion, not the sources or precedents that he relies upon.

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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. In business, an opinion letter represents the opinion giver's professional understanding of a particular aspect of a transaction or a .

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Drafting a legal opinion can and should always be split into two processes: The thinking process and the writing process. The Thinking Process The first thing to do is to digest and organise the facts. Writing a legal opinion, - Dissertation books amazon. Our company deals exclusively with experienced and well-educated professionals of academic writing.

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Template LEGAL OPINION This is a sample legal opinion for the purpose of paragraph (A) of Part A (Initial Conditions Precedent) of Schedule 1 (Conditions Precedent) to the Contract for Difference Standard Terms and Conditions. It is issued by the CfD Counterparty as guidance. A legal opinion is typically written by following a format that consists of six sections, explains The Law Dictionary. The first section is the heading that includes a one-line case descriptor. The next five sections are the legal issue, an answer, the statement of facts, a discussion and a conclusion.