LEGAL & REGULATORY MATTERS
KEY PRINCIPLES FOR WRITING EFFECTIVE LEGAL OPINIONS BY ANDRÉS FÍGOLI
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riting legal opinions is a pillar of legal practice, requiring not only a deep understanding of the law, but also strong analytical and critical thinking skills. Legal professionals are tasked with providing objective, well-reasoned analysis that helps clients, businesses, or the public make informed decisions. As such, producing effective legal opinions goes beyond the surface of simply interpreting the law; it requires consistency, independence and a pragmatic approach to ensure both accuracy and clarity. This article explores these essential principles in the world of submarine
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cables, along with practical tips on how to avoid common pitfalls, such as implicit bias and external influences, that can compromise the value of a legal opinion.
I. CONSISTENCY AND CREDIBILITY IN LEGAL OPINIONS
Consistency in legal opinions is crucial to building a reputation for reliability. A lawyer who contradicts his or her own previous publications or statements without adequate justification risks damaging his or her own credibility as well as that of his or her client. For example, if a lawyer has publicly supported a particular inter-
pretation of a statute, it is essential that future opinions either support that interpretation or, if there is new evidence or precedent, clearly explain the reasons for a revised position. This approach ensures consistency and reinforces the authority of the lawyer’s perspective. Imagine a submarine cable owner deciding to proceed with dispute resolution proceedings against another carrier for breach of an IRU agreement based on the interpretation of that agreement by its external counsel. The surprise may come during a hearing when the defendant cites the law journal article written by the plaintiff ’s