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

Anand Textiles Ltd. asks its company secretary, Meera, for a written opinion on whether it can defer a dividend declared last month. Meera has only the board's two-line email describing the query. What should Meera do first before drafting the opinion?

Meera should first identify the exact question on which the opinion is sought and collect the relevant facts and documents. Only with a clear query and complete material can issues be framed and analysed, so drafting conclusions or citing cases first would be premature.

  1. ABegin drafting the conclusion based on her general experience and revise later
  2. BIdentify the precise question(s) on which the opinion is sought and collect the relevant facts and documentsCorrect
  3. CSend the client a draft conclusion and ask for approval of the outcome
  4. DCite as many case laws as possible to cover all possible issues

Explanation

Preparation begins with understanding exactly what is asked and gathering complete facts and documents. Without this, issues cannot be framed properly. Drafting a conclusion first or seeking approval of the outcome reverses the process, and padding with case laws does not substitute for clarity on the query.

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