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An opinion, as I see it, must set out the questions on which it is sought very clearly and
unambiguously. If the Querist (which is what we call a person who seeks the opinion) is himself
confused, his questions will be equally mindless.
It is your duty as a lawyer to unravel his tangled skein of thought, identify the issues that are
material and on which the relief he wants depends, and then frame them as questions.
Of course, these must resemble the original questions, because otherwise the Querist will feel
that you have not answered him, however stupid his questions might have been.
After that, state the facts in a manner which brings out the materials that will become material
for answering his questions, whether with an yes or a no.
This narration must not employ any fact that has not been supplied (rather like the facts in a
moot) but it certainly ought to include any presumption or natural inference you have made from
the facts, for the purpose of the opinion.
You must of course, state that this is your presumption or inference.
After the facts are over, you may begin your analysis, on which the opinion depends.
An easy way of analysing is to first set out the law and the provisions of the law (or laws) that
are applicable. Then you go on to summarize the binding precedents (judgments of the Supreme
Court and the High Court of the State exercising jurisdiction over the subject matter) with full
citations.
If your choice of extracts is precise enough, your ultimate opinion will appear from the extracts
of the judgments that you have quoted.
In the analysis you may also point out the conditions which have to exist for the answer to the
queries to be positive or negative which will advise the client as to what steps he ought to have
taken so that he can correct himself in the future in similar matters.

Then indicate in brief that according to the law applicable to the facts, where the Querist actually
stands.
Numbering the paragraphs help, because in your opinion or as part of the analysis you may have
to refer to what has been written before and by referring to the paragraph-number you obviate the
need of repeating the whole thing.
Now you are ready to answer the Queries, that is, the opinion proper, as it is called. Try to
answer with a monosyllabic yes or no, referring to the paragraph number of the analysis and
facts sections of the opinion.
Where that is impossible, keep your answers as short as possible. An example may help.
Where the Querist has asked Is the transaction a valid mortgage, you can answer Yes or
No, and then add in view of what has been said in paragraphs such and such of the Facts and
paragraphs such and such of the Analysis.
However, where the Querist asks Why is this not a valid mortgage you cannot answer with
yes or no but must explain, though with reference to what has been written by you in the Facts
and Analysis sections.
Remember to use the usual disclaimers, that the opinion is based on the law as it stands on the
date when you are signing it, and is based on the facts and documents that were supplied to you
by the Querist.
It helps if you list the documents supplied and also that which you have consulted. Remember to
add that it is according to the best of your ability.

If you are practising as an advocate on record, this will go a long way in saving you from being
found guilty of professional misconduct and also negligent in any proceeding before the Bar
Council or for damages for malpractice, in case your opinion was wrong.

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