Legal opinions and Opinions of Counsel

LEGAL OPINION OR IS IT SIMPLY AN “OPINION OF COUNSEL”?

A LEGAL OPINION is a document written by a judge which accompanies a legal decision. The opinion explains how the judge arrived at a ruling, and may offer additional thoughts and commentary. In the event that the opinion is published, it becomes part of case law in nations with a common law system, which means that it can be utilized in future legal cases. For this reason, judges craft legal opinions very carefully. Judge explains his/her ruling in a written document, referred to as an opinion. The opinion explains what the case is about, discusses the relevant legal principles and then applies the law to the facts to reach a ruling in favor of one side and against the other.

A legal opinion

the legal document stating the reasons for a judicial decision; “opinions are usually written by a single judge” (Information provided by Princeton University.)

a written statement by a court, judicial officer, or legal expert* as to the legality (or illegality) of an action, condition, or intent. 

 

*Legal expert- Professional who has acquired knowledge and skills through study and practice over the years, in a particular field or subject, to the extent that his or her opinion may be helpful in fact finding, problem solving, or understanding of a situation.

Do not confuse an “opinion of counsel” with a “legal opinion“, as an “opinion of counsel” is simply the written report of an attorney, not a judge.Thus, it does not hold the weight that a court would. (Everyone has opinions and this is why it goes to court to be debated.)