Comment on the following statements: (c) Formulation of a Legal opinion needs certain precautionary measure.
CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2018
Comment on the following statements: (c) Formulation of a Legal opinion needs certain precautionary measure.
Answer & Explanation:
A request for a legal opinion will usually come in written form. Such a request will usually include any document/documents in the case. The request for a legal opinion will include at least one and usually a number of questions which the legal advisor is being asked to address. A legal opinion will often have the overarching question - does the client have a good and viable case. This is clearly the most important question to any client and must be approached with honesty and directness. If the client's case is not viable they must be advised about this during the course of legal opinion. If there is something that can be done to improve the client's prospects of success, a good legal opinion will spell out this very precisely. Numbered action points are one way of achieving clarity in this regard. Above all, it is vital to remember that if being asked to draft a legal opinion it implies that you are being asked to advise. Sitting on the fence is not an option. Lay out the pros and cons of a particular course of action, but always come down on one side or the other. Giving a percentage chance of success at the beginning of a legal opinion is one way of being clear about what you think the client's prospects are. Drafting a legal opinion can and should always be split into three processes: The mental attitude, the thinking process and the writing process.
Topics: Legal Opinion
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