1. What is a Legal Opinion?

A Legal Opinion is a formal written statement or analysis provided by a lawyer or legal expert regarding a specific legal issue or question. Legal Opinion outlines the lawyer’s assessment of the relevant laws, regulations, case precedents, and other legal considerations that pertain to the matter at hand. Legal Opinions are often sought by individuals, businesses, or organizations when they need guidance on how the law applies to a particular situation.

Legal Opinions can cover a wide range of topics, such as contract interpretation, regulatory compliance, liability assessment, intellectual property rights, potential litigation and more. These opinions can help clients understand their rights, responsibilities, and potential legal risks in a given situation.

2. Are all Legal Opinions the same?

Legal Opinions can vary in terms of their scope, depth, and level of formality. However, Legal Opinions can be broadly categorized into two groups. Formal and Informal Legal Opinion.

Formal Legal Opinion: This is a comprehensive and detailed document that provides in-depth analyses of the legal issues involved. It often involves research and review of relevant laws, regulations, and case law. Formal Legal Opinions are typically used in complex legal matters, such as mergers and acquisitions, regulatory compliance, legal due diligence, or complex contractual disputes among others.

Informal Legal Opinion: This is a more concise and less formal assessment of a legal issue. It might be provided in the form of a simple letter or email and can be useful for addressing simpler legal questions or providing general guidance.

Aside from these two main categories, other categories of Legal Opinions are as follows:

Advisory Opinion: In some cases, clients might seek an advisory opinion from a legal expert before taking a particular action. An advisory opinion provides guidance on the potential legal implications of a proposed course of action. For example, a client might ask a lawyer for an opinion on the potential legal implications of a business decision or a contractual arrangement.

Litigation Opinion: some clients may request a Legal Opinion from a lawyer on a potential or threatened litigation in which the client is/may be involved. The Legal Opinion usually enables the client to make an informed decision about whether to commence or defend an action and the legal implications of doing so or otherwise. In some cases, the client may request for the lawyer to provide an expert opinion on the probability or possibility of success at trial.

Legislative Opinion: Legal experts may provide opinions to lawmakers or legislative bodies regarding the legality or constitutionality of proposed laws or regulations.

Opinions for Regulatory Compliance: Businesses may seek Legal Opinions to ensure that their actions and operations comply with relevant laws and regulations. The opinion is sought so as to minimize the risk of regulatory non-compliance.

3. How does one identify or write a good Legal Opinion?

Writing a good Legal Opinion begins with a thorough understanding of the facts and circumstances of the case or issue. In this regard, a lawyer must gather all relevant information from the client or relevant parties. A clear grasp of the facts is crucial for accurate legal analysis.

The Big Question/Issue: The legal issue or question that needs to be addressed must be clearly defined and this can only be possible when the lawyer has a good understanding of the facts. The legal issue or question will guide your analysis and help you focus on the key legal principles that are relevant to the case.

Sub-questions/Issues: In some cases, it may be necessary to raise and deal with sub-questions/ issues out of the big question or issue. These questions will enable the lawyer to provide answers to the big question.

Organize Your Thoughts: Plan the structure of your opinion before you start writing. A typical structure includes an introduction, a statement of facts, legal issues, legal advice, legal analyses, a conclusion, and any necessary caveats or limitations.

Research and Gather Information: Conduct thorough legal research to identify relevant statutes, regulations, case law, and legal principles that pertain to the issue. Use reputable legal databases, books, and scholarly articles to ensure your analyses is well-founded. All related information must be gathered first before sieving out the relevant information to your big question and sub-questions.

Consider Your Audience/Client-Focused Communication: Tailor your opinion to your audience. If the opinion is for a non-legal audience, provide explanations of legal concepts and avoid excessive technical detail.

4. How do you draft a good Legal Opinion?

Once you are satisfied that all the relevant information has been gathered then you are ready to begin drafting your Legal Opinion. A good Legal Opinion as already mentioned must have the structure discussed herein and follow the guidelines provided below.

a. Introduction: Start with a concise and clear introduction that provides an overview of the issue and the purpose of the opinion. Mention who the opinion is prepared for and any key background information.

b. Statement of Facts: The opinion will begin by outlining the relevant facts of the case or situation. These facts provide context for the legal analyses.

c. Issues: Clearly define the legal issue or question (including sub-issues where necessary) that needs to be addressed. This will guide your analyses and help you focus on the key legal principles that are relevant to the case.

d. Assumptions/Caveats/Limitations: If there are any limitations to your analyses, uncertainties in the law, or assumptions you have made, clearly state them in your opinion.

e. Legal Opinion/Advice: This is like the executive summary of the opinion. This is the heart of the opinion. Here you must state in simple and clear terms what the opinion is. It should clearly state what the client must do or not do in the given situation. The client should be able to read this section only and proceed to act in the given situation.

Examples of how this section should be stated are as follows. “You can give Mr. Mensah one month’s notice and terminate his employment”. “Since the bank cheque was dishonoured, Mr. Thompson can succeed in an action against you so make arrangements to pay the face value of the cheque”. “The sub-committee must put the matter to a vote before they submit the report to the plenary”. “You must obtain a license from the Bank of Ghana before you can engage in your fintech business”.

f. Analyses: This section provides the basis for the Legal Opinion/Advice. Here you have the opportunity to explain with the aid of applicable laws how you arrived at your concise opinion above. You must therefore discuss the applicable laws, regulations, case law, and legal principles that relate to the issue. Analyze how these sources of law apply to the specific facts of the case.

Consider different perspectives and potential arguments. To make it easy for the client to understand the basis of your opinion, each opinion must be stated in a distinct paragraph. Directly beneath that should be the legal analyses in support of that opinion. If the client chooses to read this section, the client must be satisfied that your opinion is grounded in law.

g. Citation and References: Make sure to properly cite the legal sources you have used in your analyses. This adds credibility to your opinion and allows others to verify your research.

h. Proofread and Edit: Carefully proofread your opinion for grammar, spelling, and formatting errors. Edit for clarity and coherence and ensure that your writing flows smoothly.

i. Feedback and Review: Consider seeking feedback from colleagues or mentors to ensure the quality and accuracy of your opinion.

j. General Tip: Remember that brevity and clarity are the most important currency in legal opinions. It is not about the number of pages you write. Clients are often busy people who are looking for direction to help their decision-making. They are not interested in flowery language, verbose writing, and sophisticated legal analyses. Remember the opinion is for the client and not the lawyer. Make it simple and sweet.

Remember that a good Legal Opinion reflects a thorough understanding of the law, rigorous analyses, and effective communication skills. It is also essential to remain impartial and provide an unbiased assessment of the legal issue at hand.

If you are not a legal expert, it is recommended to consult a qualified lawyer when in need of any formal Legal Opinion.