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

Ms. Deepa, a practising company secretary, is asked by Orion Foods Ltd for a legal opinion. She believes the client's intended action is unlawful but the client wants a favourable view. What should she do?

She should give an honest, independent opinion even though it is unfavourable. A legal opinion must be objective and based on law and facts, not on what the client wishes to hear. Tailoring it to retain the client would breach professional ethics.

  1. AGive an honest, independent opinion even if it is unfavourable to the clientCorrect
  2. BGive the favourable view to retain the client
  3. CRefuse to state any conclusion and send only the facts
  4. DShare the draft with the opposite party for approval

Explanation

A professional opinion must be independent, objective and honest. Tailoring it to please the client breaches professional ethics. Avoiding a conclusion defeats the purpose, and sharing with the opposite party breaches confidentiality.

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