Writing a legal opinion is about providing clear, practical advice to a client or colleague on a specific legal matter. It is not an academic essay but a professional document aimed at guiding decisions. This guide explains how to draft an effective, well-structured legal opinion. The goal is to help you produce a legal opinion that is clear, concise, and convincingly communicates your advice.
Clarity and quality of writing
The primary purpose of a legal opinion is to communicate legal advice to the client in a way they can easily understand. Clarity is paramount. You should choose every word and sentence to convey your meaning precisely, without unnecessary jargon or verbosity. In fact, good legal writing should not differ (without good reason) from ordinary, well-written English (Wydick 2005). Leading experts emphasise that legal writing is essentially clear, literary English applied to legal problems (Garner 2002). This means avoiding archaic terms and legalese that might confuse or alienate the client. For example, instead of writing “heretofore, the plaintiff perambulated the vicinity,” you would simply say “until now, the client walked around the area.” Plain language makes your advice more accessible, and clients overwhelmingly prefer it. According to a Thomson Reuters survey, 92% of clients said that a lawyer’s ability to explain the case in understandable terms was crucial (Thomson Reuters 2020). Even judges and lawyers themselves find that plain-English documents are easier to comprehend and are just as legally effective as traditional legalese (Trafton 2023). Therefore, use technical terms only when necessary and explain them when you do.
Moreover, achieving clarity in a legal opinion requires careful thought and planning. Before you start writing, ensure you have identified the key facts and legal issues (more on this in the planning section below). A logical, well-organised structure will naturally enhance clarity. Each point you make should flow in a sensible order. Additionally, aim for conciseness in your writing. Being concise does not mean leaving out important details – it means avoiding repetition and sticking to relevant points. Once you have conveyed a point fully and accurately, there is no need to add extra filler. However, conciseness must not come above completeness. It is vital to provide all the advice and explanation necessary for the client to understand their position. Striking the right balance between brevity and thoroughness is a mark of high-quality legal writing. Finally, remember to write in an active voice and use correct grammar and punctuation. Small errors or a passive, convoluted style can undermine the clarity and credibility of your advice.
Formulating a legal opinion
When asked to provide a legal opinion (often called an “opinion” or “advice”), you are expected to advise and guide the client’s decision-making. This means you must interpret the law and the facts to reach a definite conclusion on the questions asked. The client’s main concern will usually be practical: for example, “Do I have a strong case and what are my chances of success?” or “Will I get a remedy, and if so, how much?” Keeping the client’s perspective in mind is crucial at every stage. If you believe the client’s case is weak or not viable, you have a duty to say so clearly. If there is anything the client can do to improve their prospects of success, spell this out plainly. Above all, do not sit on the fence – give a clear recommendation. As one senior lawyer put it, “the team always recommends a course of action – sitting on the fence is not an option” (McGilloway 2016). You can certainly discuss the pros and cons of different approaches, but ultimately you should come down on one side with a firm opinion. Some lawyers will even quantify the chances of success at the outset (for instance, stating a “70% chance of winning”) to set expectations. Whether or not you use such percentages, the key is to be frank and direct about how you see the case.
Drafting a legal opinion involves two main stages: planning (the thinking process) and writing (the drafting process).
Planning and analysis (the thinking process)
Begin by digesting all the information you have about the case. This includes the client’s account, any witness statements, contracts, or other documents provided with the request for advice. Identify which facts are legally relevant and which are not. It can help to create a timeline of events or a chart of key facts. Sorting the facts in this way will allow you to see the story clearly and pick out the material details. At the same time, identify the legal issues raised by those facts. For instance, if it is a personal injury case, are the issues about negligence (duty of care, breach, causation, etc.)? If it is a contract matter, are there issues of breach, misrepresentation, or remedies? By constructing a legal framework for the problem, you will have a structure into which you can logically slot the facts.
During the planning stage, always keep the client’s priorities and questions in mind. One implicit question in nearly every request for an opinion is: “What should be done next?” Think about the practical implications of the case. If litigation is contemplated, what are the chances of success and the potential outcomes (e.g. damages or other relief)? If the matter is transactional or advisory, what course of action will best achieve the client’s goals? Considering the opposing side’s case is also essential. Ask yourself how the opposition might argue the facts, and what contrary evidence or legal arguments they might present. A good legal opinion does not analyse the client’s case in isolation; it anticipates counterarguments and weaknesses. This includes evidential issues – in other words, how each key fact will be proved. For example, if a client claims they relied on incorrect professional advice to their detriment, is there documentation or correspondence to prove what advice was given and that the client acted on it?
By the end of the thinking process, you should know what your advice will be and why. You will have a mental (or written) roadmap of how to get from the facts and issues to your conclusion. Many lawyers find it helpful to jot down a quick skeleton of the opinion at this stage – a bullet-point outline of the major points and the order in which you will address them. This ensures a logical flow and can reveal if something is missing or out of place before you start writing in full.
Structuring and drafting the opinion (the writing process)
With a clear plan in hand, you can proceed to write the opinion in a structured format. A typical written legal opinion contains several key sections:
- Heading and introduction: It is common to title the document “Opinion” or “Advice” and to indicate the case or client it relates to in the heading. The opening paragraph should introduce the purpose of the document and summarise the crucial facts and issues. For example, you might begin: “I am instructed by XYZ Solicitors on behalf of Ms A to advise on whether she has a viable claim for breach of contract against ABC Ltd, in light of the following facts.” Then, briefly set out the core facts relevant to the questions asked, using plain language. The introduction should also clearly state what you have been asked to advise about (e.g. liability for breach of contract and potential remedies). This opening sets the scene and shows the reader you understand the situation.
- Summary of advice: Many legal opinions include a short summary of the conclusions or advice upfront, immediately after the introduction. In one or two paragraphs, convey your overall opinion in a nutshell. For example: “In summary, I advise that Ms A does have a reasonable claim for breach of contract. In my view, there is a good chance (around 70%) that a court would find ABC Ltd liable for wrongful termination of her employment. However, the damages recoverable may be limited by Ms A’s duty to mitigate her loss. I outline my reasoning on liability and likely recovery below, and I recommend steps to strengthen her position.” Providing the key advice at the start helps focus the reader’s attention on what really matters. Indeed, advocates of plain-English legal writing often recommend giving the main answer straight away, so the client does not have to wade through pages of analysis to find out where they stand (Blake 1989). It also disciplines you as the writer, because summarising the conclusion first ensures you have a clear answer in mind before delving into details.
- Analysis of issues (body of the opinion): The main body of your opinion should tackle each legal issue in a logical order. It is often effective to use sub-headings or numbered sections for each major issue or element of the case. For example, in a negligence claim you might have sections for “Duty of Care”, “Breach of Duty”, “Causation”, “Damage”, and “Contributory Negligence/Defences”. Under each heading, apply the law to the facts and give your evaluation. State what the law is (citing a case or statute if relevant), then discuss how the facts of your client’s case meet (or do not meet) the legal requirements. Finally, give a conclusion for that issue (e.g. “On these facts, I consider that the employer did breach the duty of care owed to the employee by failing to provide proper safety equipment.”). Each section of analysis should build towards your overall conclusion. Make sure the points flow logically and that the reader can follow your reasoning step by step. If there are multiple distinct claims or multiple defendants, deal with them separately in a structured way. For instance, if the opinion involves two defendants, address the case against Defendant 1 fully (liability and any applicable remedies or defences) before turning to Defendant 2. Notably, in civil claims it is standard to address questions of liability before discussing quantum (the amount of damages), to maintain clarity.
- Use of authority: When writing an opinion, you will refer to legal rules from cases and legislation as you analyse the issues. Use authority to support your statements of law, but do so in a focused manner. (Detailed guidance on using legal authority is provided in the next section of this guide.) In general, cite a case or statute to support a proposition of law especially if it is central to your reasoning or might be disputed. There is no need to set out basic legal principles that the reader is presumed to know, unless the opinion is for a lay client who needs that background. One experienced commentator advises that an opinion should apply the law to the facts rather than merely reciting abstract rules (LawTeacher 2018). So, for each issue, state the legal principle and immediately relate it to the client’s situation. For example: “A director has a duty to act in the best interests of the company (Companies Act 2006, s.172). Here, the email evidence suggests that Mr X acted in his personal interest instead, breaching this duty.” By integrating authority in this way, the opinion remains practical and to the point.
- Next steps and conclusion: A good legal opinion does not stop at analysis – it also provides clear guidance on what to do next. In a final section (often titled “Next Steps” or included as a concluding paragraph), outline any practical actions that should follow from the advice. These might include gathering further evidence (“Obtain the CCTV footage of the incident”), sending a letter before action, negotiating with the other side, or simply reassessing the case if new facts come to light. Ensure these recommendations are specific and numbered if appropriate, so it’s easy for the client or solicitor to follow. The very end of the opinion should reiterate your overall conclusion in a concise way. For example: “In conclusion, I advise that Ms A has a strong claim worth pursuing. She should proceed with a formal letter of claim to ABC Ltd, while also taking the above steps to improve her prospects of success.” This leaves the reader with a clear understanding of your position and a plan of action.
Throughout the writing process, maintain a professional but accessible tone. Write as if you are speaking to the client or instructing solicitor in person – polite and formal, yet not overly stiff. Numbered paragraphs can help with clarity and referencing (especially if the opinion might be referred to in court or in negotiations later). Sub-headings should be used for structure, but make sure they are relevant (e.g. use headings for each issue, rather than every other paragraph). The ultimate test is whether the opinion is easy to navigate and understand: the client should be able to scan the document and quickly grasp the key points and advice.
Using legal reasoning and authority effectively
Selective and authoritative citation
Using the law effectively in a legal opinion is about striking the right balance. On one hand, your advice must be firmly grounded in legal authority – it should be accurate and reflect up-to-date law (cases, statutes, etc.) on the issues in question. On the other hand, an opinion letter is not a law school essay or a judicial opinion; you do not need to overload it with every possible authority, especially if writing for a lay client. The reader is primarily interested in the outcome and the reasoning as it applies to them, not a catalog of case names. Therefore, use citations selectively and purposefully.
When you state a legal principle, ask yourself if a citation is needed for clarity or credibility. If a principle is well-established and undisputed, you can often state it plainly without a citation. For example, instead of writing a long reference for the rule that a contract requires consideration, you might just say: “A valid contract requires an exchange of value (consideration) between the parties.” However, when a specific legal point is critical to your advice or may be contentious, it is important to cite an authority. Always try to use the most authoritative source for the point – for instance, a Supreme Court or Court of Appeal decision rather than a lower court case, or the exact section of an Act of Parliament rather than a secondary summary. If you are quoting or closely paraphrasing a judge’s words, provide the case name and year (and a paragraph number if available) to support it.
Similarly, when referring to legislation, include the name and year of the Act and the relevant section number (e.g. “Section 1 of the Misrepresentation Act 1967 provides that…”). Ensure any statute you rely on is in force and up to date. Otherwise, you risk citing a provision that has been repealed or amended – a potentially embarrassing and misleading mistake. If the area of law is new or evolving, you may need to refer to recent case law or even non-binding sources (like Law Commission reports or academic commentary) to support your view. Use such secondary or persuasive authorities sparingly and only when they add value. Remember that relevance and clarity trump sheer volume of citations. The goal is to demonstrate the legal basis for your advice, not to show off how many cases you have read. The client is not looking for a list of every case on the topic; they need a clear answer backed by sufficient legal rationale.
Communicating the law in plain English
Crucially, explain the law in a way that the client can follow. Even when you must discuss complex legal concepts or precedents, do so in plain English. Avoid unnecessary legal jargon and break down the ideas into simple terms. For example, you might write: “The doctrine of promissory estoppel (in simple terms, a rule that sometimes prevents someone from going back on a promise) could assist your case, because you relied on the landlord’s promise to renew the lease.” By giving a short parenthetical explanation of the term, you ensure the client grasps the point. This approach keeps your advice accessible and shows that you have the client’s perspective in mind. It also helps prevent misunderstandings – the client shouldn’t be left puzzled about what your legal analysis means for them.
Even if your reader is a fellow lawyer (for example, the instructing solicitor), clarity is still paramount. A well-crafted opinion allows any intelligent reader to understand it, whether they are legally trained or not. Do not assume too much knowledge on the client’s part: it is better to pitch the explanation a little below the client’s expertise than to overshoot and leave them confused. If the opinion will be passed on to a lay client, err on the side of clearer and simpler explanations so that person can easily grasp it as well.
Finally, consider how you present citations and legal references in the document, especially if the client is not legally trained. Long strings of case citations or dense footnotes can make a document intimidating. Indeed, one legal writing expert suggests that rather than larding client letters with full citations, lawyers should either omit them or put them in footnotes, keeping the main text reader-friendly (Schiess 2002). Of course, if you are writing in an academic or court context where full references are expected (for example, a coursework assignment or a formal opinion for counsel), then you must include them as required. However, in practice, always tailor the level of legal detail to the needs of your audience. If a client just wants to know if they have a case and what to do, they do not need pinpoint citations or Latin phrases. They will appreciate a concise summary of “the law says X, therefore you should do Y.” In summary, use an appropriate style: authoritative and precise, but not pedantic. This will make your legal opinion both informative and digestible for the reader.
Conclusion
Writing an outstanding legal opinion requires a combination of clear writing, rigorous analysis, and practical insight. By using plain English and a logical structure, you make your advice understandable and actionable. By thoroughly analysing the facts and legal issues before you start writing, you ensure that you have not overlooked any aspect of the problem and that your advice is legally sound. Above all, every opinion should be client-focused. It should directly address the client’s objectives and questions, and provide a candid assessment of their position.
Before finalising any legal opinion, take the time to proofread and polish the document. Check that the tone is professional and that the language is precise (no confusing ambiguities or careless errors). Ensure that you have used headings and sub-headings appropriately to guide the reader, and that the advice flows in a coherent order. It can help to set the draft aside and re-read it later with fresh eyes, asking yourself, “If I were the client, would I understand this and find it useful?”
In sum, a high-quality legal opinion communicates the right advice, in the right way. It is well-organised, thoroughly reasoned, and uses plain language to build the client’s trust. With careful writing and a constant focus on the client’s needs, your legal opinion can provide real value – giving the client clear answers and actionable guidance, and reinforcing your reputation for excellent communication.
Download a free legal opinion template here: legal_opinion_template_uk
References
- Blake, S. (1989) A Practical Approach to Legal Advice & Drafting. London: Blackstone Press.
- Garner, B.A. (2002) The Elements of Legal Style, 2nd ed. Oxford: Oxford University Press.
- LawTeacher (2018) ‘Opinion writing | BPTC Help’. Available at: https://www.lawteacher.net/law-help/bptc/bptc-opinion-writing.php (Accessed 21 July 2025).
- McGilloway, J. (2016) ‘Q&A with Justin McGilloway, Head of Pensions & Employee Benefits’. Wedlake Bell (Insights), 16 May. Available at: https://wedlakebell.com/q-and-a-with-justin-mcgilloway/ (Accessed 21 July 2025).
- Schiess, W. (2002) ‘Writing for Your Audience: The Client’. Michigan Bar Journal, 81(6), pp. 52–53.
- Thomson Reuters (2020) ‘Why you should forgo the legalese when communicating with clients’. Thomson Reuters Legal Blog, 14 January. Available at: https://legal.thomsonreuters.com/blog/why-you-should-forgo-the-legalese-when-communicating-with-clients (Accessed 21 July 2025).
- Trafton, A. (2023) ‘Even lawyers don’t like legalese’. MIT News, 29 May. Available at: https://news.mit.edu/2023/new-study-lawyers-legalese-0529 (Accessed 21 July 2025).
- Wydick, R.C. (2005) Plain English for Lawyers, 5th ed. Durham, NC: Carolina Academic Press.