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

A company secretary is asked for an opinion, but the instructions omit a key fact: whether the shareholders' agreement was ever registered or amended. Which course is most consistent with sound opinion writing?

The writer should seek the missing fact or expressly record the assumption made, and make the opinion conditional on it. Opinions depend on the facts supplied, so transparency about assumptions protects both the client and the professional from relying on unverified information.

  1. AAssume the most convenient fact and proceed silently
  2. BRefuse to give any opinion in all circumstances
  3. CRecord the assumption or seek the missing fact, and state that the opinion is conditional on itCorrect
  4. DFill the gap using hearsay from a competitor

Explanation

An opinion rests on facts supplied. Where a material fact is missing, the writer should seek clarification or clearly state the assumption and qualify the conclusion accordingly. Silent assumptions mislead the reader.

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