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

Meera & Associates, a firm of company secretaries, is asked by a lender for a legal opinion on the validity of a charge. The firm's partner knows that the client has already shown the draft to the lender and wants the conclusion changed to be more favourable, although the documents show a defect. What is the professionally correct course?

The correct course is to keep the conclusion that the documents support and clearly state the defect and assumptions in the opinion. An opinion must be independent and truthful, so it cannot be bent to suit the client or hidden from the reader who relies on it.

  1. AChange the conclusion, since the client is paying the fee and the lender is already aware of the draft
  2. BRetain the conclusion based on the documents and, if needed, record the defect and the assumptions clearly in the opinionCorrect
  3. COmit the defect from the opinion but mention it orally to the lender
  4. DRefuse to issue any opinion and return the documents without explanation

Explanation

An opinion must be independent and honest, reflecting the documents reviewed. Altering the conclusion under client pressure breaches professional integrity. The defect should be stated with the assumptions. Omitting it or only mentioning it orally leaves a misleading written record.

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