Opinion Writing and Case Analysis
Opinion Writing and Case Analysis tests whether you can turn instructions and evidence into a reasoned advice. The examiner looks for issue identification, accurate law and a conclusion that answers the client's question.
Core rules
- Structure the opinion: instructions, facts, assumptions, issues, law, application, conclusion and further steps.
- Separate established facts from instructions, inference and assumption. Say what turns on a missing document or witness.
- Identify the cause of action and each element. Apply the law to the evidence, including the opponent's best points.
- Give prospects in realistic terms: strong, reasonable, weak, or unable to advise without further information. Explain the reason.
- Address procedure, limitation, evidence, costs and settlement where relevant.
- Be balanced and candid. An opinion is not a persuasive skeleton; it must advise, including on weaknesses.
Worked example
Instructions ask whether a claimant can recover £60,000 for defective software. The facts show a contract, delivery, repeated failures and a limitation date eight months away. The issues are whether the terms were incorporated, whether the software complied with the specification, whether notice of breach was given, and whether the loss is too remote. The opinion should apply the terms, identify the evidence needed from testing records, consider the defendant's argument that the loss is lost profits rather than direct damage, and conclude that prospects are reasonable but not strong. It should recommend a letter before action, preservation of evidence and a settlement range.
Traps
Reciting law without applying it; ignoring the limitation date; failing to answer the actual question; overstating prospects; omitting adverse evidence; confusing advice with advocacy.
Key points
- Use a clear opinion structure.
- Separate fact, inference and assumption.
- Apply each element of the cause of action.
- Give realistic prospects and reasons.
- Address limitation, evidence and further steps.