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

Pioneer Steels Ltd. asked for an opinion on whether its director is disqualified. The adviser writes: 'The director may or may not be disqualified; the client should decide as it thinks fit.' Judged against the nature of a good legal opinion, what is the main defect?

The main defect is that it reaches no clear, reasoned conclusion. A legal opinion must analyse the issue and give a definite view, noting any genuine doubt and its extent. Saying the director may or may not be disqualified leaves the client's question unanswered.

  1. AIt gives no clear, reasoned conclusion, so it does not resolve the question askedCorrect
  2. BIt cites too many provisions of law
  3. CIt is addressed to the client rather than to the Tribunal
  4. DIt states the facts in too much detail

Explanation

A good opinion must analyse the issue and reach a definite, reasoned conclusion, stating any real uncertainty and its extent. A statement that leaves the question wholly open fails the client's need. Citing many provisions, addressing the client and detailing facts are normal features, not defects.

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