Once the facts are fully analysed it is safe to start analysing the legal issues. This is where the professional ability of the barrister begins to come into play, deciding what legal possibilities there are, and which is strongest. The first step is to identify the possible causes of action.
If they are many causes of action it is important to consider them separately.
Carry out any necessary research
From the analysis you have done so far you have identified several matters that require research. Now is the time to carry out that research, a more focused way: remember, you are looking for answers to questions that you have identified, not researching the law for its own sake.
Look at the case as a whole
You are now in a position to pull everything together and allow the case to take shape.
You will start to create a skeleton plan for your opinion. You will inevitably start forming a view on the case as a whole, and on each issue. You probably have a fairly clear idea by now what your opinion is going to be, both overall and on the major issues. You therefore know what matters are most important and which matters will be subsidiary.
You must consider liability first, then damage.
Answer all the questions
You have now put the whole case together and it has shape. In all probability you know by now what your opinion on each issue is going to be, but it’s worth going through and checking that you do have an answer to every issue you have raised and intend to discuss.
Of course, it may be a conclusion of uncertainty, where you use your judgment to express an opinion, in which case you need to think how you will express that opinion to give a clear indication of how strong you think the case is on that point.
