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

Mr. Sandeep Iyer, a practising company secretary, is asked by Orchid Pharma Pvt Ltd whether its board can allot shares on a preferential basis. His draft opinion says: 'The allotment appears to be permissible, subject to whatever rules apply.' A senior reviewer calls it deficient. Which quality is most clearly missing?

The draft lacks precision and reasoned support. It reaches a vague conclusion without identifying the applicable provisions or applying them to the facts. A good opinion cites the relevant law, analyses the facts and states a clear, supported conclusion rather than a generalised statement.

  1. ABrevity, because the opinion is too long
  2. BPrecision and reasoned support, because it names no provision and gives no analysisCorrect
  3. CConfidentiality, because it mentions the client
  4. DNeutral tone, because it uses the word 'appears'

Explanation

The draft gives a vague conclusion without identifying the governing provisions or applying them to the facts. A good opinion states the law, reasons step by step and reaches a clear conclusion. The problem is not length, client naming or a cautious word.

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