How to write a legal opinion in south africa


How to write a legal opinion in south africa

Lexicon Legal Opinion 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.

how to write a legal opinion in south africa

The letter can also be said to as an opinion of how the highest court of jurisdiction would resolve the issues expressed in the letter.

Professional understanding of the issue relies on the law at the date of writing. However, the opinions expressed in the letter are not a guarantee of a particular outcome.

Purpose of opinion letters To satisfy contractual agreements: This is common when the opinion letter is issued for among other occasions, to an investor concerning the sale of securities Lawfulness of an action: Opinion letters are given when you want to know if an action is lawful or if the action will lead to desired legal consequences.

They also address the question raised by other professional. They, therefore, provide an authoritative basis for reports, opinions, and reports on matters where other professionals lack the professional capability to make judgments.

Another purpose is to satisfy regulatory requirements. How to Write an Opinion Letter An opinion letter is useful before you get into a transaction. It is written before one enters, litigates or defends transactions.

Pre-litigation Drafting: Opinions & Letters of Demand - Juta

An opinion letter must address all the questions that the client wants to be answered. The reason why a client has the question is that they are confused about an issue and they want professional guidance in the area.

So when writing the letter, you must clarify all the areas of concern. Most of the time, the clients approach you with an unclear question. So, when drafting the questions, make them more sensible. However, any natural interface or presumption you have made from the facts must be included.

Do not forget to mention that the interface or presumptions are your personal opinions. For an easy analysis, first set out the provision of the law and the law itself. After that, summarize the jurisdiction of the High Court or the Supreme Court over the issue at hand.

Cite all the extracts. For an ultimate opinion, chose precise extracts on which to base your judgment. The analysis should include conditions necessary for a positive or negative answer.

Besides, advise the client on steps to take when they find themselves in similar situations again. 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.

How Do You Write a Legal Opinion? | Legal writing as a core subject of the South African undergraduate LLB degree has been largely absent.
Legal opinion for South Africa region | Legal | Legal Research | Legal Writing Our opinions are practical and written in plain language. We do not write academic papers that are difficult to take action on.
2 freelancers are bidding on average $125 for this job Over the last few years, however, the advocate has become a legal-superstar to South Africans.

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.Compromising in legal transactions.

how to write a legal opinion in south africa

I hope everyone is doing well and that all my readers enjoyed their time with their families and had a week . Frequently I am asked to write an opinion as to the construction of a rent review clause in a lease with the express object of using it to present to the valuer who is conducting the review.

There are as many ways of approaching the writing of an opinion as there are problems to be. Mr Bantu Holomisa, MPUDM President 1. Introduction South Africa (SA), like many other so-called developing nations, faces challenges of chronic underdevelopment and/or development skewed towards urban areas, albeit in an unequal manner.

The latest Technology news, reviews & opinion from The Age covering IT, Mobile, Internet, Social, Industrial & Research Technology and Science. opportunity to do independent research. Students have to identify a legal "problem", find sources on this issue, read and understand these sources, and formulate a written "answer" in a motivated, clear and structured manner.

The process of writing is aimed at developing research, reading and writing skills. Page 1 of 4 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.

Legal Opinions On Various Points Of Law | Michalsons - Law Firm