Legal opinion: Difference between revisions

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A document whose author designs to achieve exactly the opposite effect to the one {{sex|his}} reader anticipates, in that it carries as little in the way of meaningful existential content as possible, while being comprehensive, categorical and absolute about what it is ''not'' saying. Which is, more or less, everything.
A document designed to achieve exactly the opposite effect to the one its reader anticipates, in that it carries as little by way of meaningful existential content as possible, while being as comprehensive, categorical and absolute as it can be about what it is ''not'' saying. Which is, more or less, everything.


This is typical of the sum total of the positive statement of the law you find in a legal opinion:
This is typical of the sum total of the positive statement of the law you find in a legal opinion:
{{Box|''({{f|Subject always}} to the qualifications, assumptions and caveats set on pages 4-85),'' this agreement is valid, binding and enforceable<ref>''Subject, {{f|for the avoidance of doubt}}, to the qualifications, assumptions and caveats set on pages 4-85. And Schedule 3.</ref> in accordance with its terms.}}


Which is a lawyer’s way of saying [[Brexit means Brexit]]. Should the agreement your solicitor has prepared for you make no sense whatsoever — if it is plainly impossible for an ordinary Englishman to divine the merchants’ commercial consensus no matter how carefully he examines the text — then your opinion does no more than verify that sorry state of affairs.
{{Box|''({{f|Subject always}} to the qualifications, assumptions and caveats set out on pages 4-85)<ref>''And Schedule 3, and the four appendices to our letter of engagement for that matter.</ref>,'' this agreement is enforceable [[in accordance with]] its terms.}}
 
Which is a [[mediocre lawyer|lawyer’]]s way of saying “[[Brexit means Brexit]]”. Should the agreement your solicitor has prepared for you make no sense whatsoever; if it is plainly impossible for an ordinary Englishman to divine the merchants’ commercial consensus no matter how carefully he examines the text — hardly an inconceivable contingency — then your expensively wrangled opinion does no more than verify that sorry state of affairs.
 
{{Ref}}

Revision as of 08:04, 7 January 2017

A document designed to achieve exactly the opposite effect to the one its reader anticipates, in that it carries as little by way of meaningful existential content as possible, while being as comprehensive, categorical and absolute as it can be about what it is not saying. Which is, more or less, everything.

This is typical of the sum total of the positive statement of the law you find in a legal opinion:

(Subject always to the qualifications, assumptions and caveats set out on pages 4-85)[1], this agreement is enforceable in accordance with its terms.

Which is a lawyer’s way of saying “Brexit means Brexit”. Should the agreement your solicitor has prepared for you make no sense whatsoever; if it is plainly impossible for an ordinary Englishman to divine the merchants’ commercial consensus no matter how carefully he examines the text — hardly an inconceivable contingency — then your expensively wrangled opinion does no more than verify that sorry state of affairs.

References

  1. ↑ And Schedule 3, and the four appendices to our letter of engagement for that matter.
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