Skip to content

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

Anil, a company secretary, is asked to give an opinion on a matter in which his spouse holds a substantial shareholding in the counterparty. Which step is most consistent with ethical practice?

Anil should disclose the interest to the client and, where it could affect his independence, decline the engagement. Concealing it or merely lowering the fee does not remove the conflict, and seeking the counterparty's approval would further compromise an independent opinion.

  1. AGive the opinion and keep the interest private
  2. BDisclose the interest to the client and, if it can affect independence, decline the engagementCorrect
  3. CGive the opinion but reduce the fee to compensate
  4. DAsk the counterparty to approve the opinion before delivery

Explanation

Independence requires disclosure of any interest that may impair objectivity. Where the interest could affect the opinion, declining is the safe course. Hiding it or reducing the fee does not cure the conflict, and counterparty approval defeats independence.

Did you get it right without looking?

One question tells you little. A timed set on Art of Opinion Writing shows your real accuracy, how long you take and where you lose marks.

Practise Art of Opinion WritingFree diagnostic mock

More Art of Opinion Writing questions