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

Mr. Arjun Mehta, a practising company secretary, is asked by a promoter to opine on the validity of a board resolution. He finds the law is unsettled and a contrary view is reasonably arguable. Which approach best reflects the qualities of a good opinion?

He should state his reasoned preferred conclusion while fairly disclosing the contrary view and associated risk. A good opinion is objective, supported by law and facts, and decisive enough to guide the client, rather than being one-sided or evasive when the law is unsettled.

  1. AGive only the view favourable to the promoter to keep him satisfied
  2. BAvoid any conclusion and say the matter is for the court
  3. CState the reasoned conclusion he considers better, while fairly noting the contrary view and the riskCorrect
  4. DPresent both views equally and decline to advise on likely outcome

Explanation

A good opinion is objective and reasoned, and gives a clear conclusion. It acknowledges contrary authority and risks rather than hiding them. Giving a one-sided view fails objectivity, and refusing to conclude fails the purpose of an opinion.

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