Art of Opinion Writing: formula sheet

Key formulas

Core test of a legal opinion

Facts + Issue + Law + Reasoning + Conclusion = Legal opinion

If any part is missing, it is only a view or advice, not a proper opinion.

Nature in one line

Reasoned + Written + Fact-based + Objective + Non-binding

Use these words to define nature in an answer. Non-binding means it does not bind any court or authority.

Opinion vs pleading

Opinion = objective view for guidance; Pleading = party's statement of case filed before a forum

A pleading is partisan and filed. An opinion is addressed to the client and not filed to claim relief.

Opinion vs advice

Opinion = formal legal reasoning; Advice = wider guidance, may be commercial or oral

Advice may rest on an opinion, but it need not.

Core qualities checklist

Clarity + Accuracy + Reasoning + Objectivity + Authorities

Name each quality and show it in your answer with a line from the facts.

Reasoning pattern

Facts → Issue → Law → Application → Conclusion

Follow this order in every opinion. Skipping Application is the commonest way to lose marks.

Supporting qualities

Completeness + Practicality + Stated assumptions and limits

Add these to show a professional finish.

Opinion preparation sequence

Question asked → Facts → Issues → Law → Application → Conclusion

Groundwork covers the first four. Application and conclusion come when you write.

Framing an issue

Issue = Legal rule + Key fact, phrased as a question starting with "Whether"

Keep one rule per issue. Do not mix two questions in one issue.

Fact check

Facts given + Facts assumed + Facts missing

List all three. State assumptions openly in the opinion.

Application test

Rule → Fact → Result for each issue

Show how the rule works on the facts. Do not only quote the rule.

Standard order of an opinion

Heading → Facts → Questions → Analysis → Conclusion → Signature

Use this order unless the question asks for a different one.

Analysis pattern for each question

Question → Provision → Application to facts → Answer

Repeat for every question you framed. Keep numbering consistent.

Heading contents

Addressee, subject, reference or date, privileged and confidential note

Keep the subject line short and specific to the issue.

Conclusion rule

One direct answer per question, with any condition or recommendation

Do not introduce new law or new facts in the conclusion.

Opinion structure

Facts → Issue → Provision → Analysis → Conclusion → Advice

Keep this order in every answer so each part earns marks separately.

Application rule

Provision + Facts = Conclusion

Always tie each legal rule to a specific fact in the question before concluding.

Sources hierarchy

Act → Rules → Regulations → Circulars/Standards → Articles

Check the Act first, then delegated rules and SEBI regulations, then the company's articles.

Assumption rule

Missing fact → state assumption → give alternate conclusion

If the facts are silent, say what you assume and how the answer changes otherwise.

Standard of care

Duty = reasonable skill, care and diligence of a competent professional in that field

Judged on what a prudent professional would do, not on perfect results.

Elements of negligence

Duty of care + breach of that duty + loss caused by the breach

All three must be shown. Without actual loss linked to the advice, a damages claim fails.

Role of a disclaimer

Disclaimer limits scope; it does not excuse negligence or fraud

Say this plainly when asked whether a disclaimer protects the writer.

Core ethical duties

Competence + independence + confidentiality + disclosure of conflict + honesty

Use this as a checklist for any ethics question.

Contents of a protective opinion

Facts relied on + documents examined + assumptions + law as on date + purpose + addressee + limits

These items define the scope of your responsibility.

Quick revision

• A legal opinion is a reasoned written view on how the law applies to given facts.
• An opinion answers the client's actual question, not every question you can think of.
• A good opinion is accurate, clear, concise, neutral and supported by law.
• Always identify the issues before you start writing the analysis.
• State the provision or rule first, then apply it to the facts.
• Give a firm conclusion. Do not leave the answer open-ended.
• If facts are missing, state your assumptions clearly.
• Suggest practical steps or compliance action where it helps the client.
• Cite a section only when you are sure of it. A wrong section costs marks.
• Keep to the facts given and do not invent new ones.
• Maintain independence and confidentiality, and state any limits of your opinion.
• Neat headings and short paragraphs make your reasoning easy for the examiner to follow.

Common mistakes

• Treating an opinion as binding on courts Fix: Say clearly that an opinion guides the client and is only persuasive. Only a judgment or order binds.
• Confusing opinion with pleading Fix: Remember the test: a pleading is filed by a party to claim relief and is one-sided. An opinion is given to a client and aims to be objective.
• Giving the conclusion without reasoning Fix: Always show the link from fact to law to conclusion. Marks follow the analysis.
• Writing only a list of qualities in a case question Fix: If facts are given, write the actual opinion and show the qualities through it.
• Answering a different question from the one asked Fix: Underline the ask and your role. Check your conclusion answers it directly.
• Copying the facts into the answer without using them Fix: Keep the facts short and use each fact in the analysis to support a point.
• Copying the facts back at length Fix: Keep only facts that affect the legal answer. Use short numbered points.
• Skipping the questions section Fix: Frame each question in one line. It guides the analysis and shows structure.
• Writing a theory essay on the topic instead of an opinion. Fix: Write only the rule that decides the question, then apply it to the given facts.
• Giving no clear conclusion, or hedging both ways. Fix: State a firm conclusion in one sentence. Use assumptions to cover uncertainty instead of avoiding a view.

Exam tips

• Open with a crisp definition. It scores in almost any question on this topic.
• When asked to distinguish, use a short point-by-point comparison on purpose, form, bias and binding effect.
• In case-based questions, check the giver's competence and whether the document has facts, reasoning and a conclusion.
• Always mention assumptions and the date of the law in your answer. It shows professional maturity.
• Keep theory answers short and structured, and save time for the longer drafting question.
• If the question lists facts, write the opinion in the order Facts, Issue, Law, Application, Conclusion.
• Name each quality in bold or underline so the examiner sees it quickly.
• Give a clear one-line conclusion; do not leave the client guessing.