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CS Professional · Drafting, Pleadings and Appearances · Art of Opinion Writing

A client sends Arjun a bundle of papers for an opinion, including an old amended version of its articles and the current version. In preparing the opinion, which action is most appropriate?

Arjun should confirm which version of the articles was in force on the relevant date and base the analysis on that version. Verifying the operative document ensures the opinion rests on correct facts, whereas using the wrong version or the client's paraphrase risks erroneous advice.

  1. ARely on the older version since it is more detailed
  2. BConfirm which version was in force on the relevant date and base the analysis on that versionCorrect
  3. CQuote both versions equally without choosing one
  4. DIgnore the articles and rely on the client's description of them

Explanation

The applicable document is the one in force on the date the relevant event occurred, so the adviser must verify this. Relying on detail, quoting both without choice, or relying on the client's description would risk an incorrect or unclear opinion.

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