How to Write a Court Opinion
This article will focus on tips on how to write a court opinion for any given purpose. A court opinion is the opinion of an expert on a particular issue, which is clarified in court against the background of a court of law. There is no doubt that the technique chosen to write and present the opinion is of immense importance because, deciding in the court to establish the reputation of the expert among the judges, as there is always a demand in all courts for professional writers who understand, as well as are reliable and know how to formulate their opinion correctly.
The structure of an expert opinion is particularly important in the case of a court opinion. The court must have a clear overview and the results must be understandable. So it is also of crucial importance that there is a factual and logically structured form. This should also express the development of the expert’s finding of results.
The beginning of the expert opinion should contain information relating to the appointment of the expert. In addition, information on the wording of the decision to take evidence and the questions posed in it should be provided at the beginning. In this way, the fundamentals and questions of the report can be identified. But in the case any ambiguities in the decision on evidence for the expert exists, it is beneficial to clarify this with the judge before the report is prepared.
A legal opinion could be written on any field of discipline, ranging from medicine, or engineering and architecture in case of building malpractice, or economic expert in case of fraud, and so on. However, the common trait for all these experts is their need to hit the core of the issue, define it forthrightly and explain the solution. An opinion that is lengthy and detailed but does not touch on the issue, will wear out the readers and does not give them an answer.
There is no gainsaying an opinion article bothering on legal affairs is a legally binding document and as such the expert writing it must proceed with the utmost caution, because willful omission and negligence could bring about unfavorable consequences. So factual reportage of actual events is the path to tow.
The importance of word structure in writing a legal opinion
The wording is of paramount importance in writing a legal opinion. First, the language must be official. The court is a respectable institution, for which language standards are paramount. Hence, the writer must demonstrate mastery of the rules of spelling, punctuation, and syntax. He must clarify the professional words in the body of the text and use the alternatives accepted by the court. It should demonstrate a cohesive body of text and avoid ambiguity in the use of the dictionary.
Due to lack of knowledge, many are unaware of the ambiguity that certain text or words or even the order of the words in a sentence produces. Also, the avoidance of ambiguity, that is, the possibility that a phrase will be understood in more than one form, is important in writing an opinion.
Furthermore, language correctness is very pertinent in the legal world. Many judges are proficient in language taps, and they may consider the existing punctuation in the statement of claim to interpret it and rule accordingly. Wrong expressions must be removed from the language and the sentences must be arranged so that they make the text coherent and clear. Similarly, it is very important that expert opinions clarify questions and not raise new ones, which is what happens if the information provided by the expert in the report cannot be clearly identified or does not provide any clear information. An expert opinion must therefore always bring clarity to the issues being treated.
On-site presence at the event
To prepare an expert opinion, it is usually important that an on-site visit takes place. By so doing, the writer gets the exact picture of the situation on-site, and these findings form the basis for the preparation of the report. For good record keeping and evidential purposes, the writer takes photos, takes measurements, and carries out visual inspections. Depending on what the basis of the report to be prepared is. It is particularly important for the writer that all open questions are answered during this on-site visit, the reason being that his opinion can only be formed with the right database.
Furthermore, it may be required that you attend an oral hearing. This is especially the case with very complicated issues. Often the writers are summoned by the court to take evidence or to attend the oral hearing. In this way, the additional information on the writer’s result will then be discussed. In addition, the legal representatives of the parties also have the option of submitting appropriate applications so that the expert can explain his report orally and thus also respond to questions from the parties.
Note that if you are summoned to an oral hearing as an expert, you must be fully prepared, knowing well that not only questions that were dealt with in the report will be discussed. Should be very familiar with the subject matter of the court record. This is the only way to provide a factual presentation of the report and to answer factual questions in the context of the report.
Put your materials together
Immediately after your in-person appearance at the event, start with the preparation of the report, by compiling all the facts and as well as the measurements and photos to be evaluated. It is worthy of note, that in preparing a court opinion, you can only refer to the questions asked in your opinion and cannot refer to or discuss critical anomalies that were gathered alongside your focus. Pointing out unsolicited deficiencies could make your work regarded as biased by one of the parties, thereby rendering your expert opinion to be unacceptable.
Points to note when writing a legal opinion
When writing a legal opinion, several factors must be taken into accounts, such as the level of knowledge of the reasonable reader in the field, the amount of relevant information for him to make the decision, and the reaction that the content may or may produce among the legal environment such as the prosecutor, defense attorneys, court administration. The reader is also the judge, but not only he; In fact, he is anyone who is exposed to the law or even physically present: the reasonable reader is anyone who is sensible, who understands interest, but does not know the field.
Therefore, generally, writing should be simplified at least in the use of professional vocabulary. The introduction should be short and focused to get the reader into the center of things. Any excesses in the introduction will be unnecessary because the attention of the reader must be caught and retained, which is in any case limited, to the details and detailed explanations relating to the matter itself, for which the opinion was written.
Writing a professional opinion for a court is on different levels. It is advisable to prepare several its drafts to get the perfect result. The writer must also write it in a modular way since it sometimes contains several chapters, which are different from each other.