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

A company secretary is asked to opine on whether a clause in Orbit Pharma Ltd.'s agreement is enforceable. Which feature distinguishes this work as a legal opinion rather than a mere summary of the law?

A legal opinion applies the relevant law to the particular facts and reaches a reasoned conclusion on the question asked. Merely reproducing statutory text, listing parties or repeating the client's own view is not an opinion, because it lacks independent application and a conclusion.

  1. AIt applies the relevant law to the specific facts and reaches a conclusion on the questionCorrect
  2. BIt reproduces the full text of the relevant statute
  3. CIt lists the names of all parties to the agreement
  4. DIt records only the client's own view

Explanation

What makes an opinion is the application of law to particular facts to answer a specific question. Reproducing statutes or listing parties is merely descriptive, and simply echoing the client's view is not independent professional advice.

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