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

Meridian Textiles Ltd asks its company secretary, Ms. Kavita Rao, for a written opinion on whether a proposed related party transaction needs shareholder approval. Kavita begins the opinion by listing the facts supplied to her, the documents examined and the exact question on which advice is sought. Which essential feature of a good opinion does this opening step mainly serve?

Stating facts, documents examined and the precise question defines the basis and scope of the opinion. The conclusion can then be tested against those assumptions, and a change in facts shows why the advice might change. It neither binds any forum nor replaces legal reasoning.

  1. AIt fixes the factual basis and scope so the conclusion can be tested against the assumptions madeCorrect
  2. BIt allows the opinion to avoid citing any legal provision later
  3. CIt transfers legal responsibility for the decision to the client
  4. DIt makes the opinion binding on the Tribunal

Explanation

A sound opinion records the facts, documents and question first, so the reader knows on what basis and within what scope the advice is given. Any change in facts can then be identified. It does not remove the need to cite law, shift responsibility or bind any forum.

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