Litigating for Change
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  • About
    • Who is this guide for?
    • What is this guide not about?
    • How to use this guide
    • About the authors
    • Accessibility Statement
    • Contact
  • Step by Step Guide
    • Step one: Initial questions to consider
    • Step two: Put it in writing
    • Step three: Get advice
    • Step four: Consider the method
    • Step five: Work with others
    • Step six: Planning
    • Step seven: Resourcing
    • Step eight: Communications
  • Methods
    • Complaints
    • Judicial Review
    • Legal Opinion
    • Public Interest Intervention
    • Tribunals
  • Case Studies
    • SPSO investigate complaint against Fife NHS Board
    • Protecting Refugees who are victims of domestic violence in the UK
    • Cadder and the right to legal assistance in police detention
    • Challenging routine immigration detention in the UK
    • Protecting a child's rights to privacy in the Named Person scheme
    • Young people’s opt-out from religious observance in schools
    • Challenging school exclusion of children with disabilities
    • Protecting complainers’ human rights in justice system
    • Protecting refugees from destitution -challenging SERCO lock-changes
    • Challenging council process around homelessness
  • Resources
    • Equality and Human Rights Commission
    • Equality and Human Rights Law in the UK
    • Glossary
    • Useful contacts

​Getting a legal opinion 

Image shows text 'Making Change Happen: A step-by-step guide to strategic litigation in equality and human rights for NGOs in Scotland'

​What is a 'legal opinion'?

A 'legal opinion' is also sometimes called an opinion letter or 'opinion of counsel'.  A 'legal opinion' is a letter or short written report in which an advocate sets out his or her understanding of the law as it applies to your issue and gives some legal conclusions.

The 'legal opinion' might include, for example, how an issue was dealt with in previous cases and how legal principles such as the European Convention on Human Rights (ECHR) apply to it. 

​The 'legal opinion' is based on past or present understanding of that particular legal issue but can also help to provide clarity on whether taking further legal action such as a judicial review is likely to be worthwhile.   

Why get a 'legal opinion'?

Sometimes using a 'legal opinion' to highlight the potential success of a judicial review can be very effective in bringing about change, without having to go to court. A 'legal opinion' can also help an organisation to make decisions around strategic litigation.
​
A 'legal opinion' can help to:
  • Strengthen public arguments for law, policy or practice to be changed, without necessarily pursuing an issue in judicial review
  • Clarify the meaning of the law where there is confusion or disagreement
  • Draw attention to, or shape debate, around a particular issue
  • Prepare legal arguments for legal proceedings
  • Clarify the legal issues involved and the likelihood of success if taken to court

Considerations when getting a 'legal opinion'
​

Here are some key considerations for organisations around getting a 'legal opinion':
  • Who - If you are going to use the legal opinion publicly, then who provides the 'legal opinion' can be important. It might be better for the 'legal opinion' to come from someone who is a recognised authority in a particular issue area in Scotland. Discuss this with a solicitor or with the Equality and Human Rights Commission (EHRC). Check the Resources section for who to speak to for advice.
 
  • Clarity - Put down in writing exactly what the legal issue is and what it is that you need the opinion for.
 
  • Cost - Ask upfront for a quote of how much the 'legal opinion' will cost.  If you are concerned about being able to afford this cost of the 'legal opinion' you could contact the Faculty of Advocates Free Legal Services Unit via an advice agency, or contact one of the student-based legal clinics in Scotland – see Resources.
 
  • Communicating - 'Legal opinions' can often be helpful in getting good outcomes for individuals but if they are communicated well, they can also help to bring about wider social or policy change.  Think about how you will communicate the main findings of the 'legal opinion' to those you wish to influence or other stakeholders and partners.  You should also discuss this with the advocate from whom you are seeking an opinion, as you will normally need to ensure they consent to wide dissemination of the opinion and that they bear this in mind when they draft their work.
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​The information in this website is for general guidance and is not legal advice. Please see Useful contacts for suggestions of who to contact for legal advice.
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Copyright © 2018
  • Home
  • About
    • Who is this guide for?
    • What is this guide not about?
    • How to use this guide
    • About the authors
    • Accessibility Statement
    • Contact
  • Step by Step Guide
    • Step one: Initial questions to consider
    • Step two: Put it in writing
    • Step three: Get advice
    • Step four: Consider the method
    • Step five: Work with others
    • Step six: Planning
    • Step seven: Resourcing
    • Step eight: Communications
  • Methods
    • Complaints
    • Judicial Review
    • Legal Opinion
    • Public Interest Intervention
    • Tribunals
  • Case Studies
    • SPSO investigate complaint against Fife NHS Board
    • Protecting Refugees who are victims of domestic violence in the UK
    • Cadder and the right to legal assistance in police detention
    • Challenging routine immigration detention in the UK
    • Protecting a child's rights to privacy in the Named Person scheme
    • Young people’s opt-out from religious observance in schools
    • Challenging school exclusion of children with disabilities
    • Protecting complainers’ human rights in justice system
    • Protecting refugees from destitution -challenging SERCO lock-changes
    • Challenging council process around homelessness
  • Resources
    • Equality and Human Rights Commission
    • Equality and Human Rights Law in the UK
    • Glossary
    • Useful contacts