Alex Denne
Growth @ Genie AI | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

What to Avoid In Opinion Letters

23 Mar 2023
26 min
Text Link

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Opinion letters are an invaluable legal tool that can be used to provide professional advice and guidance in a wide range of scenarios. At Genie AI, we understand the importance of opinion letters and how crucial it is for them to be accurate, legally sound and well-crafted. After all, opinion letters are effectively authoritative statements from the legal counsel on hand which helps clients better understand their rights and responsibilities in any given situation.

Not only do they allow a level of certainty when dealing with disputes or business transactions, but they also provide the client with all the necessary information needed to make an informed decision - minimising potential risks. Opinion letters are also frequently used by lawyers to assess any complex issues involved in litigation cases and give reliable estimates on expected outcomes.

Furthermore, these legal documents can also be used to communicate the lawyer’s opinion on a particular matter - providing advice on how to handle specific disputes or structure contracts appropriately. Lastly, they can offer guidance on other related matters such as changes in legislation or ways of dealing with specific issues efficiently.

It’s clear to see why opinion letters remain one of the most powerful tools available when considering legal issues - offering assurance that you have considered all angles before making important decisions. Here at Genie AI we have worked hard over recent years building up what is now known as ‘the world’s largest open source legal template library’, brimming with millions upon millions of data points so our members can easily draft up high quality documents without having to pay for costly lawyer fees every time!

So if you’re looking for authoritative advice about what to avoid in your opinion letter then make sure you check out our template library today! It contains step-by-step guidance explaining how best approach each situation plus information about how you can access our massive database right away - absolutely free! It couldn’t be simpler…

Definitions (feel free to skip)

Opinion Letter: A formal document that outlines the opinion of a legal professional on a certain matter.
Research: Investigating facts and sources of information to get a better understanding of a topic.
Precedent: A decision made in a court case that sets a legal standard for similar cases afterwards.
Tone: The attitude or feeling of a piece of writing.
Factual: Accurate and based on facts.
Jargon: Specialized words or phrases used in a particular job or industry.
Professional: Characteristic of or appropriate to a profession or a professional person.
Vocabulary: The range of words and meanings used by someone in their language.
Introduction: The opening part of a piece of writing which introduces the topic.
Body: The main part of a piece of writing, which contains the main points and arguments.
Conclusion: The ending part of a piece of writing, which summarizes the main points.
Analyze: To examine something in detail and to break it down into its parts.
Format: The way something is arranged.
Proofread: To read and check a piece of writing for mistakes.
Edit: To make changes to a piece of writing in order to improve it.
Revise: To look at something again and make changes to it.
Cite: To mention or refer to something.
Signature: An individual’s name written by them in order to confirm that something is true or to give permission for something to happen.
Approval: Official permission for something to happen.

Contents

  • Understand the purpose of an opinion letter.
  • Research the topic thoroughly, including relevant legal information, case studies and precedents.
  • Choose the right tone for the letter based on the reader’s expectations.
  • Make sure all facts are accurate and up-to-date.
  • Write the opinion letter clearly and concisely, using appropriate language and professional vocabulary.
  • Examine the structure of the opinion letter, considering the introduction, body and conclusion.
  • Analyze the reader’s perspective to ensure the opinion letter meets their needs.
  • Use the right letter format to ensure the opinion letter is professional and organized.
  • Proofread the opinion letter for any typos, errors or inconsistencies.
  • Edit and revise the opinion letter as necessary.
  • Follow the legal requirements for opinion letters, such as citing any relevant laws or regulations.
  • Attach any relevant documents or resources to the opinion letter.
  • Obtain any necessary signatures or approval for the opinion letter.
  • Submit the opinion letter to the appropriate party.

Get started

Understand the purpose of an opinion letter.

  • Understand the purpose of an opinion letter: a written document that renders a legal opinion on a certain matter.
  • Find out what is expected from an opinion letter, including the types of legal information and analysis that should be included.
  • Learn the difference between an opinion letter and other legal documents such as contracts, regulations, and court decisions.
  • Research the different types of opinion letters and when they should be used.

You can check this step off your list when you have a thorough understanding of the purpose of an opinion letter and what is expected of it.

Research the topic thoroughly, including relevant legal information, case studies and precedents.

  • Consult sources such as legal documents, case studies and precedents that are relevant to the opinion letter you are writing
  • Take notes and highlight information that is important to include in your opinion letter
  • Make sure to double-check all facts and figures
  • Once you have thoroughly researched the topic, you can move on to the next step of choosing the right tone for the letter based on the reader’s expectations.

Choose the right tone for the letter based on the reader’s expectations.

  • Ask yourself who is the intended audience of the letter
  • Consider the reader’s expectations and their familiarity with the topic
  • Tailor the tone to the reader’s level of understanding
  • Avoid using jargon, legal terms, and technical language the reader may not understand
  • Make sure your language is clear, concise, and professional
  • You can check this step off your list when you have chosen a tone that is appropriate to the reader and the context of the letter.

Make sure all facts are accurate and up-to-date.

  • Gather all the relevant facts to include in your opinion letter.
  • Double-check the accuracy of the facts and make sure they are up-to-date.
  • Verify the accuracy of any statistics or quotations used in the opinion letter.
  • Review the opinion letter to ensure that the facts are correct and consistent throughout.

You will know you can check this off your list and move on to the next step when you have verified the accuracy of all the facts included in the opinion letter.

Write the opinion letter clearly and concisely, using appropriate language and professional vocabulary.

  • Use language that is professional and appropriate for the situation
  • Avoid using personal pronouns such as “I” or “me”
  • Avoid using slang, colloquialisms, or jargon
  • Use clear, concise language to get your point across
  • Double-check that all facts are accurate
  • Proofread the opinion letter for errors

When you have completed this step, you will have a well-written opinion letter that uses appropriate language and professional vocabulary.

Examine the structure of the opinion letter, considering the introduction, body and conclusion.

  • Read through the opinion letter and examine the structure of the introduction, body, and conclusion.
  • Ensure that each part of the structure is clear and organized.
  • Make sure that the introduction states the purpose of the opinion letter and provides a brief overview of the content.
  • Check that the body contains the necessary information and details.
  • Ensure that the conclusion summarizes the points discussed in the body and restates the purpose of the opinion letter.

You’ll know you’ve completed this step when you have examined the structure of the opinion letter and have made sure it is clear and organized.

Analyze the reader’s perspective to ensure the opinion letter meets their needs.

  • Take time to understand the reader’s purpose, needs, and objectives.
  • Review the reader’s requirements and the facts of the matter to ensure the opinion letter covers all required topics.
  • Research and understand the legal, regulatory, and industry factors that are relevant to the opinion letter.
  • Consider the reader’s potential concerns or objections and address them in the opinion letter.

You will know you can check this off your list and move on to the next step when you have thoroughly analyzed the reader’s perspective and ensured the opinion letter meets the reader’s needs.

Use the right letter format to ensure the opinion letter is professional and organized.

  • Use a professional font, such as Times New Roman, in a size between 10-12 points.
  • Include your contact information, the date, and the reader’s contact information at the top of the letter.
  • Leave a single line space between each of the elements in the header, and between the header and the body of the letter.
  • Begin the body of the letter with a salutation and leave a single line space between the salutation and the main body.
  • Use a left-aligned format for the body of the letter.
  • Leave a single line space between paragraphs.
  • Use a professional and respectful tone throughout the letter.
  • End the letter with a closing statement and a signature block.
  • Once you have double-checked that all of these formatting elements have been included, you can move on to proofreading the opinion letter.

Proofread the opinion letter for any typos, errors or inconsistencies.

  • Carefully read through the entire opinion letter to spot any typos, grammar errors, and inconsistencies.
  • Make sure to check for any spelling errors, punctuation mistakes, and any wrong or missing words.
  • Check for any structural errors and make sure the letter is formatted correctly.
  • Once you have read through the opinion letter and checked for errors, you can move on to the next step.

Edit and revise the opinion letter as necessary.

  • Read through the opinion letter to make sure it is accurate and reflects the opinion that is needed
  • Check for any errors or inconsistencies, and make any necessary changes to ensure it is legally sound
  • Ensure any citations are correct and up to date
  • Make sure all information is presented in a logical and clear manner
  • Once all revisions have been completed, the opinion letter is ready for the next step.

Follow the legal requirements for opinion letters, such as citing any relevant laws or regulations.

  • Check that the opinion letter contains all relevant laws or regulations related to the opinion being expressed.
  • Ensure that all citations are accurate and up-to-date.
  • Read through the opinion letter to make sure all relevant legal requirements are met.
  • When finished, double-check that the opinion letter follows all applicable laws or regulations.
  • When all legal requirements are met, you can move on to the next step.

Attach any relevant documents or resources to the opinion letter.

  • Gather documents that are related to the opinion letter such as client contracts, relevant legal documents, and any other resources that provide evidence or support the opinion.
  • Make sure the documents are easy to find and understand and are organized in a logical order.
  • Attach the documents to the opinion letter, making sure to include clear labels and references to the documents so they can be easily identified.
  • Once all the necessary documents have been attached, check that all relevant evidence is included and that the opinion letter is complete.

Obtain any necessary signatures or approval for the opinion letter.

  • Gather all necessary signatories or approvers.
  • Make sure all parties understand the contents of the opinion letter.
  • Make sure all signatories and approvers are in agreement with the opinion letter.
  • Make sure all necessary signatures or approvals are obtained before submitting the opinion letter.
  • You can check this off your list when all signatures and/or approvals have been obtained.

Submit the opinion letter to the appropriate party.

  • Check the opinion letter for accuracy and completeness before submitting it.
  • Identify the appropriate party or parties to receive the opinion letter.
  • Determine the most suitable method of delivering the opinion letter.
  • Use secure methods to deliver the opinion letter, if needed.
  • Keep a copy of the opinion letter for your records.
  • You can check this off your list and move on to the next step when the opinion letter has been successfully submitted to the appropriate party.

FAQ:

Q: What is the main difference between a UK opinion letter and a US opinion letter?

Asked by Samantha on May 1st 2022.
A: The main difference between UK and US opinion letters is the scope of advice being provided. In the UK, opinion letters are typically used to provide specific legal advice on a certain matter, whereas in the US, opinion letters are used to cover a broader range of topics, such as disputes or due diligence requests. Additionally, UK opinion letters must be signed by a qualified lawyer, while in the US they do not necessarily need to be signed by an attorney.

Q: Is there a difference between the requirements for an opinion letter in an EU jurisdiction compared to a UK jurisdiction?

Asked by Christopher on January 15th 2022.
A: Yes, there are differences between the requirements for an opinion letter in an EU jurisdiction compared to a UK jurisdiction. In the UK, opinion letters must be signed off by a qualified lawyer, while in EU jurisdictions there may be different requirements depending on the specific country or region. Additionally, some countries may also have additional regulations or laws which must be adhered to when creating an opinion letter.

Q: What advice should I include in an opinion letter for a SaaS business?

Asked by David on August 8th 2022.
A: When creating an opinion letter for a SaaS business it is important to include advice related to the legal implications of any services being provided, such as liability and indemnification clauses, terms of use and privacy policies. Additionally, it would also be beneficial to include advice related to intellectual property rights and any potential disputes that may arise between parties involved in the SaaS business.

Q: How can I ensure that my opinion letter is legally binding?

Asked by Ashley on April 21st 2022.
A: To ensure that your opinion letter is legally binding it is important to include language which makes it clear that you are providing legal advice and that any advice given is binding upon both parties involved in the agreement. Additionally, you should also include language which states that any advice given is not intended to replace or supersede any existing laws or regulations which may apply.

Q: Are there any special considerations I should take into account when creating an opinion letter for a technology company?

Asked by Emily on June 3rd 2022.
A: Yes, there are several special considerations which should be taken into account when creating an opinion letter for a technology company. These include ensuring that any advice given is compliant with applicable laws and regulations related to data privacy and intellectual property rights, as well as considering any potential disputes which may arise between parties involved in the agreement. Additionally, it would also be beneficial to include language which makes it clear that the advice being provided does not replace or supersede any existing laws or regulations which may apply.

Q: What are some common mistakes people make when creating an opinion letter?

Asked by Michael on July 19th 2022.
A: Common mistakes people make when creating an opinion letter include not including legally binding language which makes it clear that any advice given is binding upon both parties involved in the agreement and failing to consider applicable laws and regulations related to data privacy and intellectual property rights. Additionally, some people may also overlook potential disputes which may arise between parties involved in the agreement or fail to provide comprehensive coverage of all matters related to the agreement.

Q: What topics should I cover when writing an opinion letter?

Asked by Joshua on October 6th 2022.
A: When writing an opinion letter it is important to cover topics such as liability and indemnification clauses, terms of use and privacy policies; potential disputes between parties; applicable laws and regulations related to data privacy and intellectual property rights; and any other matters relevant to the agreement. Additionally, it would also be beneficial to include language which makes it clear that any advice given does not replace or supersede any existing laws or regulations which may apply.

Q: How long should an opinion letter be?

Asked by Jessica on March 4th 2022.
A: The length of an opinion letter will depend on the specific matters being addressed and the level of detail required for each topic covered but typically they should be around 2-3 pages long. However, it is important to note that more detailed opinions may require longer letters depending upon the complexity of what needs to be addressed.

Q: Are there any specific formatting requirements for opinion letters?

Asked by Matthew on November 11th 2022.
A: Generally speaking there are no specific formatting requirements for opinion letters but some jurisdictions may have additional regulations or guidelines which must be adhered too when creating one so it is important to check these before beginning work on your letter. Additionally, most opinions will begin with a short introduction outlining why you are providing advice on this particular matter before getting into more detail in subsequent sections covering topics such as liability and indemnification clauses, terms of use and privacy policies; potential disputes between parties; applicable laws and regulations related to data privacy and intellectual property rights; etc…

Q: Should I cite any sources when writing an opinion letter?

Asked by Sarah on September 27th 2022.
A: Yes, when writing an opinion letter it is important to cite all relevant sources used when researching particular topics or providing advice so as to ensure accuracy of information provided and demonstrate expertise in the field being discussed. These sources can include legal texts such as statutes or case law as well as industry publications such as newspapers or journals depending upon what type of advice you are providing in your opinion letter.

Q: Do I need permission from anyone before writing an opinion letter?

Asked by John on December 23rd 2022.
A: Generally speaking no permission from anyone else is required before writing an opinion letter however if you intend on providing advice concerning certain individuals then you may need their consent before doing so depending upon their jurisdiction’s rules regarding legal opinions. Additionally, if you’re writing about matters relating specifically to certain companies then you might need their permission before including anything about them in your opinion so it’s best practice to check with them first before proceeding with your work if possible.

Q: Who should I address my opinion letter too?

Asked by Jennifer on February 9th 2022.
A: This will depend upon who you’re writing your opinion for so typically this will either be addressed directly too them (if they’re known) or too their organization if they’re not known personally but you know what company they work for (or have requested your services). However if neither of these scenarios applies then addressing your Opinion Letter too “To Whom It May Concern” is usually acceptable practice although this isn’t always viewed favourably by professionals so where possible try addressing your Opinion Letter too someone specifically known if possible even if they’re not directly involved with what you’re discussing in your Opinion Letter itself (e.g., “To The Legal Department Of XYZ Company).

Q: Is there anything else I need to consider when writing my opinion letter?

Asked by Jason on April 28th 2022
A: Yes, there are several other factors which need consideration when writing an Opinion Letter such as ensuring that all relevant facts have been taken into account prior to making conclusions; making sure that all conclusions reached can be reasonably supported; considering whether additional research needs doing prior; double-checking accuracy of information provided; etc… Additionally depending upon who you’re writing your Opinion Letter for it might also be beneficial too consider template documents from other organizations/industries so as too get ideas about how best too structure your own Opinion Letter if needed (e.g., if you’re writing for someone in technology then looking at template documents from other tech companies may provide helpful guidance).

Example dispute

Suing a Company for Breach of Contract:

  • Plaintiff can reference an opinion letter to show that a contract existed between the two parties, and that the defendant breached the contract.
  • Plaintiff must prove that the defendant failed to perform their part of the contract, or caused harm to the plaintiff in some way.
  • Plaintiff must also be able to show that the opinion letter was legally binding, and that it was properly executed and agreed upon.
  • Settlement can be reached in court, or through mediation or arbitration.
  • If damages are awarded, they are usually calculated by determining the difference in value between the goods or services promised and the goods or services actually received.

Templates available (free to use)

Invention Patentability Search Report Opinion Letter
Patent Opinion Letter Prior Art Validity
Request For An Flsa Opinion Letter From Department Of Labor S Wage Hour Division

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