A legal opinion is a viewpoint provided by a legal expert which is considered to be subjective and is usually an outcome of interpretation of law. Opinion may differ from person to another and is purely based on the interpretation of the expert. Opinions are provided in the matters of law, statute, regulation, circulars etc.
Opinions are given by professionals from every field, but when it comes to providing a legal opinion, it is very important for the legal professional to act with more caution and be very tactful and pertinent.
For a legal opinion to be effective, the three most important factors that should be kept in mind while drafting the opinion are –
1. Maintaining the quality of writing
The purpose of legal opinion is to provide the opinion seeker workable solutions by interpreting the law. Using simple words and avoiding unnecessary verbosity is of utmost importance. A legal opinion should provide clarity. Clarity of expression is very vital while giving a legal opinion. The use of ‘technical jargon’ should be minimum as it may create a barrier between the professional and the opinion seeker and would lead to dilution of the main purpose of the legal opinion.
2. Developing a non- judgmental approach
‘Impartiality’ and the ‘Willingness to see all the sides of an argument’ are important attributes attached to an effective legal opinion. A professional should not come jump to conclusions without looking into the minutest of the details. It won’t be wrong to consider that, every fact/information which is provided to the professional is material, and can have the ability to change the entire scenario. Giving a patient hearing the opinion seeker and taking notes in a systematic manner is very crucial as it helps in building a logical approach towards providing an effective legal opinion.
3. Brevity
Brevity defines good writing. It can be achieved only through planning and thought. It is very vital for a professional providing legal opinion to have immense knowledge about the subject as that would help him/her in achieving ‘precision’.
Careful proofreading is particularly important while providing a legal opinion. Spelling, punctuation, or grammatical errors in a document submitted to the court or opinion seeker can undermine one’s credibility as a legal professional.
Above all, it is very imperative that while drafting a legal opinion, the professional should not only lay down the pros and cons of a particular course of action but should also come down on one side or the other. The opinion seeker relies heavily on such advice, with a view to avoid unnecessary litigation in the future and hence it is very important to be extremely careful in providing opinion sought by the opinion seeker.