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CS Professional · Drafting, Pleadings and Appearances · Art of Opinion Writing

A client's instructions to the opinion writer run to twelve pages with correspondence and emails. In drafting the opinion, the writer includes a short section titled 'Facts'. What is the best practice for this section?

The facts section should briefly summarise only the material facts relevant to the questions, in a logical or chronological order, and record any assumptions made. Copying everything buries the issues, while omitting facts leaves the opinion without foundation.

  1. AReproduce all twelve pages verbatim so nothing is omitted
  2. BOmit the facts since the client already knows them
  3. CSummarise only the facts material to the questions, in logical or chronological order, and note any assumptions madeCorrect
  4. DState the facts only after giving the conclusion

Explanation

The facts section should be a concise, accurate summary of the facts relevant to the questions, ordered logically, with assumptions stated expressly. Verbatim reproduction is wasteful and omitting facts leaves the opinion without context.

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