A legal opinion is an analysis of the law vis-a-vis given facts. Sometimes it is required by an individual client or an organisation, or in the case of an in-house counsel, the Management of his employer or a sister department or unit in an organisation in which the lawyer is employed.
ILAC/IRAC – An acronym/mnemonic to aid memory of what steps and action to be taken when writing a legal opinion or essay. ILAC stands for –
1. Issue-
2. Rules/Law-
3. Analysis-and
4. Conclusion.
Issue – First you identify the issue. This can be extracted from the instruction letter from a client or action memo from Management. Always begin by determining the issue(s). Where it is not clear, call for more information or documents from the client or management. A phone call or meeting, or e-mail may suffice depending on the circumstances.
Law/Rules – what is the Law or Rules (if any) governing or applicable to the issue? Do your research and consultation with colleagues and subject matter experts via statute books, text books, articles, case law, internet … State what the Law prescribes.
Analysis – What are the peculiar facts and circumstances of this brief? Apply the Law and principles of law to the facts in a logical and analytical manner. Probe and query the situation until a logical outcome(s) arises. That being the conclusion.
Conclusion – This is usually the outcome of your analysis. This is usually also followed by an advice on the course of action to take.
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