Certain structural rules need to be followed for reasons of consistency of legal advice. For example, liability in civil actions should be dealt with before quantum. If there are two or more defendants, assume responsibility for the defendant in turn before contacting Quantum. Reference is made to the interview and your email dated [date] in which you requested legal advice regarding duty relief on the temporary importation of equipment by you for exploration activities carried out by Better Co. Ltd benefiting from import exemption. Name of case and citation, including year of decision Facts: These are the who (parties to the case) and what (material facts) of the case. This should be written in your own words. History: Briefly state what happened at trial and at each level before the case goes to the court whose opinion you are notifying. Having reviewed the information you have provided as well as all relevant laws of Tanzania, we are of the opinion that: The main purpose of legal advice is to convey advice to a lay or professional client.
It is therefore of the utmost importance that it is clear and in simple and understandable English. Every word of the legal opinion must be chosen by the draftsman, as it conveys exactly the advice that the author intends to want. We can give you our legal advice or we can help you get legal advice from a lawyer. We believe that our opinions are practical and allow you to make good decisions and follow the right course of action. An expert opinion is not the same as a legal opinion. This is the process of obtaining legal advice: a good opinion is practical, specific, supported by legal theory and recommends action. A comprehensive strategy leads to a meaningful structure. Each legal opinion will specify a specific point, but it will always be necessary to divide this point into parts. At the end of each part, you give your opinion, which must be fully substantiated and explained. Brevity is necessary to achieve clarity in legal drafting. Once the point has been transmitted, there is no need to go any further, because nothing is said about it.
This does not always mean brevity. On the contrary, completeness and absolute accuracy are very important, and a short consultation should not take precedence over a complete and accurate consultation. Concurring and dissenting opinion(s) Reason: What are the different concurring and/or dissenting opinions? What are the differences from the majority opinion? Our clients to whom we have provided expert advice include a large number of organizations. In the following paragraphs, you must explain the reasons for the legal opinion you represent in the introductory paragraphs. This is where the legal structure comes in. Each problem must be dealt with in its logical order. Each section should include your opinion on the topic and why. I just want to see an example of what a basic case description looks like, with a breakdown of what it entails. I just want to know where I can find this, please. I attend paralegal classes. It is important to write in simple English whenever possible.
Good legal advice avoids archaic language and legal language. The use of legal language creates a barrier between lawyer and client and diverts attention from the main purpose of the legal advice; to communicate. This is not to say that legal advice should be oversimplified. It will undoubtedly provide specialized legal advice and should therefore be as detailed as the author deems necessary. Using simple English simply involves saying what needs to be said as clearly as possible and avoiding unnecessary details. There are times when technical terms must be used when they convey the exact meaning of the advice given. You shouldn`t be afraid of that. Perfect grammar, punctuation and accuracy of the language are essential. Once the facts are available to you, a legal framework must be created into which those facts can be logically inserted. For example, legal advice in a personal injury action is based on negligence and is therefore generally structured according to duty, breach of duty, damage, causation, foreseeability, and contributory negligence.
In negligent legal advice, it is important to assess the amount of damages that the client can expect. It will be at the forefront of the customer. 5.2 This statement is based on the information provided to us.
