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

While preparing an opinion for Kaveri Steels Ltd., the writer finds that the key fact, the date of the board resolution, is not in the papers and the answer would differ depending on it. What is the correct way to handle this within the structure of the opinion?

The writer should expressly record that the fact is missing, state the assumption or give alternative conclusions for each possibility, and advise the client to verify the fact. Silently assuming a favourable fact misleads the client and compromises the integrity of the opinion.

  1. AAssume the favourable date silently and proceed
  2. BState the missing fact, clearly set out the assumption or alternative conclusions for each possible date, and recommend verificationCorrect
  3. CRefuse to give any opinion and omit the document from the file
  4. DGive only the conclusion that suits the client and omit the reasoning

Explanation

Where a material fact is absent, the writer should flag it, state the assumption made or give alternative conclusions, and advise verification. Silently assuming a fact or hiding the gap misleads the client and exposes the writer to professional risk.

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