Bar Council Written study materials
Bar Council Written study resources

Bar Council Written: Legal Drafting, Opinion Writing and Case Analysis

Bar Council Written · Work through your exam, one topic at a time.

All guide sections

Legal Drafting, Opinion Writing and Case Analysis

Core concepts

Drafting requires precision, consistency, and clarity. Learn the anatomy of pleadings, contracts, and statutory instruments. Opinion writing follows a structure: facts, issues, law, application, conclusion. Case analysis requires identifying the ratio decidendi, obiter dicta, and distinguishing material facts.

Traps

Questions test ambiguity, inconsistency in defined terms, and omission of operative clauses. Opinions that state conclusions without reasoning fail. Case analysis that confuses ratio with obiter is a common error. Drafting must anticipate enforcement and remedies.

Worked example

Draft a clause: 'The Seller shall deliver the Goods to the Buyer on or before 1 June, time being of the essence.' Identify parties, obligation, deadline, and consequence. Then draft a remedy clause for breach. In an opinion, state the issue, the rule, the application, and the conclusion.

Rule of thumb

Use IRAC for opinions and case analysis; use defined terms, operative verbs, and explicit consequences in drafting.