Brinker International (EAT) S-8 Registration of securities for employees

Exhibit 5

(214) 953-0053

January 30, 2009

Brinker International, Inc.

6820 LBJ Freeway

Dallas, Texas 75240

Gentlemen:

We have served as securities counsel for Brinker International, Inc., a Delaware corporation (the “Company”), in connection with the Registration Statement on Form S-8 (the “Registration Statement”) filed under the Securities Act of 1933, as amended, covering the issuance of up to 2,746,363 shares (the “Shares”) of Common Stock of the Company upon the exercise of awards under the Company’s Stock Option and Incentive Plan.

We have examined such documents and questions of law as we have deemed necessary to render the opinion expressed herein.  Based upon the foregoing, we are of the opinion that the Shares, when issued and delivered, will be duly and validly issued and outstanding, fully paid and non-assessable.

We consent to the use of this opinion as Exhibit 5 to the Registration Statement.

Very truly yours,

/s/ Hallett & Perrin, P.C.

Hallett & Perrin, P.C.