Independent legal advice lawyer

In the realm of legal agreements, the significance of informed and impartial counsel cannot be overstated. Independent Legal Advice (ILA) stands as a cornerstone of ethical and effective legal practice, ensuring that all parties in an agreement are fully aware of their rights and obligations. At Shaikh Law Firm, we recognize the critical role that Independent legal advice lawyer or ILA lawyer plays in safeguarding the interests of each party involved in a legal contract.

The concept of ILA is not just a formality; it is a fundamental aspect of legal due diligence. Whether navigating the complexities of family law, engaging in real estate transactions, or finalizing corporate agreements, ILA serves as an essential protective measure. It ensures that each party’s decision is made with a clear understanding of the legal implications, free from any potential conflicts of interest.

Shaikh Law Firm is committed to providing comprehensive and unbiased legal guidance, upholding the highest standards of legal integrity and client advocacy.

What is Independent Legal Advice? or ILA

Parties negotiating and finalizing the terms of an agreement are told to get an ILA or obtain a Certificate of Independent Legal Advice from a Lawyer. So, What is Independent Legal Advice?

Independent Legal Advice is advice obtained by each party to the Agreement from a separate/ independent Lawyer. One Lawyer cannot and should not represent all the parties to the Agreement, even if all parties to the Agreement would prefer to have one Lawyer represent them.

Independent legal advice or “ILA” is a document that proves that somebody has been given legal advice from an independent lawyer who has no association with the other party involved in the Contract. At its core, ILA involves a lawyer providing unbiased legal counsel to an individual independent of any other parties involved in the transaction or agreement.

Essence of ILA: The essence of ILA lies in its independence. When a party seeks ILA, they consult a lawyer who has no ties to other parties involved in the agreement. This independence is crucial for providing advice that is solely in the best interest of the client, free from any potential conflicts of interest.

Scope of ILA: ILA typically encompasses a thorough review of legal documents, an explanation of the terms and conditions, and an assessment of any potential legal risks. The ILA lawyer ensures that the client fully understands the implications of the agreement, including their rights and obligations under it. This process is not just about explaining legal jargon; it’s about offering a clear, objective perspective that empowers the client to make informed decisions.

Legal Protection: One of the primary purposes of ILA is to provide legal protection to the parties involved. By obtaining ILA, a party can be confident that they have a clear understanding of the legal aspects of the agreement and that their consent is both informed and voluntary. This not only safeguards the individual’s interests but also adds a layer of legal validity to the agreement, potentially reducing the likelihood of disputes in the future.

Certificate of Independent Legal Adivice

A Certificate of Independent Legal Advice is a formal document that verifies an individual has received legal advice from an independent lawyer on a particular agreement or transaction. This certificate is essential in legal processes, ensuring that the individual fully understands the terms, benefits, and liabilities of the legal documents they are entering into. It serves as a safeguard, confirming that the advice was provided in an unbiased manner, free from any conflict of interest, and that the individual’s agreement to the terms was made with informed consent. The certificate is a key aspect of legal due diligence, providing assurance that all parties have engaged in fair and informed decision-making, thereby upholding the integrity of the legal process.

Why is it Important to have Independent Legal Advice

Any agreement, contract or a legal document can successfully be challenged and set aside if made under duress, undue influence, unconscionability, failure of proper disclosure of information or lack of independent legal advice.

A Certificate of Independent Legal Advice prevents a party from later stating that they did not understand the material or the consequences of the documents they were signing.

If a person enters into a contract or an agreement, then he/she must obtain an Independent Legal Advice Ontario to validate the Agreement. This certificate confirms that the party entered into the Agreement at his/her own free will, with full knowledge and understanding.

Therefore, it is of utmost importance to get an Independent Legal Advice prior to signing any agreement, contract or legal document.

Role of A Lawyer Giving Independent Legal Advice

The Lawyer issuing a certificate of Independent Legal Advice shall discuss with the client the terms of the Contract or the Agreement. The Lawyer should also explain the legal jargon to the client to ensure his/her client fully understands the obligations and liabilities as well benefits of the Contractor or the Agreement.

During the course of discussions the Lawyer will inquire if his/her client was forced to sign such documents and in view of all facts including terms and conditions of the contract may advise not to sign the contract.

We provide Free 15 minutes Consultation for Independent Legal Advice Letter or ILA for Family Law or Independent Legal Advice for Separation Agreements, Cohabitation Agreements, or Marriage Contracts

Independent Legal Advice Cost

$ 630 + Tax

Review of the Agreement INCLUDED.
Review of the all Legal Documents and Attachments INCLUDED.
Consultation for Agreement & all Legal documents INCLUDED.
Legal Advice INCLUDED.
Suggestions as to your entitlement & Liabilities under Family Laws & Real Estate Laws INCLUDED.
Independent Legal Advice Certificate INCLUDED.
Reviewing Financial Disclosure and already prepared by the Client INCLUDED.
Negotiation of terms of an Agreement is NOT INCLUDED.

How much does it cost to get a Certificate of Independent Legal Advice in Ontario?

A well-executed certificate of independent legal advice will take a lawyer around one to three hours depending on the complexity of the content. More complex documents may involve family agreements that include details regarding family homes, children, and spousal support. The overall time charged will include a client meeting, time to review the document, reporting back to the client and organizing and witnessing the signing of the agreement. It is usual to be charged the lawyers hourly rate for this. Feel free to ask your lawyer about their fees and how they are charged prior to agreeing on the transaction.

At Shaikh Law we charge a FLAT LEGAL FEES $630 for Independent Legal Advice Letter, Mississauga, Brampton.which includes a review of the document by a Lawyer, client meeting to discuss the Legal aspects of the document drafting the Certificate of Independent Legal Advice, Time spent witnessing and signing the Agreement. This fees only apply to Legal documents prepared by a Lawyer only. If the document is not drafted by a Lawyer, then hourly Legal Rate of $360 would apply. Any additional negotiation or revisions to the agreement will be charged at an hourly rate of $360 per hour as an additional. For family Law matters it is crucial that full Financial Disclosure which includes Last three years to Tax Returns, Last Three Pay stubs and details of all Assets and Liabilities must be attached prior to review of documents.

When is a Certificate of Independent Legal Advice required?

Under the guidelines of the lawyers’ rules of professional conduct, there are specific circumstances where obtaining a Certificate of Independent Legal Advice is highly recommended:

Conflict of Interest: If there’s a potential conflict of interest in a legal matter, it’s prudent for clients to seek ILA. This ensures they understand how the conflict might affect their case and their lawyer’s ability to represent them fully.
Joint Retainers: In situations where a single lawyer represents multiple clients with a common legal interest, ILA is crucial. It helps each client understand the dynamics of a joint retainer, particularly regarding shared confidentiality and the lawyer’s divided loyalty.
Transactions with Legal Representatives: When clients are involved in transactions directly with their lawyers (outside of standard legal services), ILA is recommended. This safeguards clients against any unintended influence or bias, ensuring they make informed decisions.
Post-Error Disclosure: If a lawyer realizes they’ve made an error or omission that could impact their client’s case, it’s essential for the client to get ILA. This external advice can help the client understand the implications of the error and the best course of action moving forward.

In each of these scenarios, ILA serves as a protective measure, offering clients an unbiased perspective and aiding them in making informed decisions. It’s a testament to the commitment to ethical legal practice, ensuring all parties are aware of their rights and the implications of their legal decisions.

FAQ

What is Independent Legal Advice (ILA)?

ILA is legal advice provided by a lawyer to a client, independent of any other parties involved in a legal transaction or agreement. It ensures that the client fully understands the terms and implications of the agreement.

Why do I need Independent Legal Advice?

ILA is important to ensure that you fully understand your legal rights and obligations in an agreement, especially in situations where there might be a conflict of interest or a joint retainer. It helps in making informed decisions and protecting your legal interests.

Can the same lawyer provide ILA to all parties in an agreement?

No, ILA should be provided by separate lawyers to each party to ensure that the advice is unbiased and tailored to the specific needs and interests of each individual.

How long does it take to get ILA?

The time required can vary depending on the complexity of the agreement and the availability of the lawyer. It’s best to consult with a lawyer as early as possible to ensure there’s ample time for a thorough review.

Is ILA mandatory?

While not always legally mandatory, ILA is highly recommended in many situations to ensure legal protection and informed consent. In some cases, such as certain family law agreements, it may be a legal requirement.

How much does ILA cost?

The cost of ILA can vary based on the complexity of the agreement and the rates of the lawyer. It’s advisable to discuss fees with your lawyer upfront.

At Shaikh Law Firm, ILA or a certificate of independent legal advice costs $630 plus HST. This fee includes a detailed review of the agreement and all related legal documents and attachments.
In-depth consultation covering the agreement and all legal documents.

Certificate of Independent Legal Advice Family Law?

Lawyers will frequently ask clients to seek independent legal advice when signing agreements about family matters. This is because family law involves some really important clauses. They are contractually binding and usually last forever. The impact of the clauses is significant, such as the payment of support to a spouse, how a couple plans to divide property and pensions and how the children are cared for. Therefore, each party needs to fully understand the implications before they sign.

Certificate of Independent Legal Advice Real Estate: If clients are entering into a real estate contract, it is likely to be one of the biggest transactions of their life, but real estate laws are complex, and individuals should be sure that they fully understand the contract that they are entering into. It is best to consult a lawyer to seek independent legal advice before buying or selling a property.

Certificate of Independent Legal Advice spouse: In a situation where one spouse is named on the title of a mortgage and the other spouse is not, it may be a requirement of the bank that the unnamed spouse should receive a Certificate of Independent Legal Advice. This ensures that the unnamed spouse understands their rights with regard to the matrimonial home and mortgage.

When should I get Independent Legal Advice? In some situations, you should take independent legal advice to make sure you fully understand the implications of the contract you are signing and the transaction you are entering into. You may be waving a right to something or giving your consent to something that you do not fully understand. Once you have signed the contract it is legally binding, and you cannot change the terms. It is important to understand your rights and responsibilities from the outset.

What happens when I get independent legal advice? When you seek independent legal advice, you will find a lawyer who will meet with you to discuss the process. Your lawyer will then review the documentation, and when you are happy to agree to the terms, the lawyer will witness a signature and issue a certificate to state that you have received independent legal advice and have understood the information you have been given.

How can I prove that I got independent legal advice? An Independent Legal Advice letter will be issued and signed by yourself to prove that you have received and understood the advice. You can then show this to a third party if the independent legal advice was a condition of the transaction.

What if I cannot afford to pay a lawyer to give me independent legal advice? If you are on a low income you may be financially eligible to receive Legal Aid in Ontario. You will need to take a financial test to find out your eligibility. If you are entitled to Legal Aid, then you will be given a certificate, which can then be used to pay a lawyer who accepts Legal Aid clients. This is only available in certain areas of the law.

What is the purpose of independent legal advice? It is the responsibility of the lawyer to provide independent legal advice (“ILA”) to ensure that his/her client understands and appreciates the nature, risks, liabilities, and benefits of the document about to be signed. The lawyer should explain the document to the client even if the client has read the document prior in time. If the lawyer is of the opinion that the client is being forced to sign the document or agreement, then the lawyer should not issue the certificate of independent legal advice.

Can you provide Independent legal advice (ILA) to a guarantor or surety? The Lawyer for a guarantor must review and explain to the guarantor the terms of the guarantee as well as highlighting the nature, effect, risks and obligations under the guarantee, including the liability that will be incurred and the manner in which such liability may be enforced, thereby allowing the guarantor to make an informed and considered decision. The Lawyer providing Certificate of Independent Legal Advice (“ILA”) to a Guarantor (Surety) must ensure that the guarantor appreciates the nature of and risks associated with providing the proposed guarantee as well as the likely practical consequences of not providing the guarantee.

The purpose of ILA is to prevent a lender from taking unfair advantage of a guarantor, thereby reducing disparities in bargaining power. However, practically speaking, in most cases, the client feels obligated to enter into the Guarantee for various other, and hence, it becomes extremely difficult for the lawyer to decide if the guarantor is freely and voluntarily signing the guarantee or not.

Free Consultation

At Shaikh Law Firm, we value the chance for clients to get acquainted with our legal expertise. We offer a complimentary 15-minute consultation for general legal inquiries in Ontario.

Please reach out to us to book your free general or immigration consultation. Clients outside Ontario are encouraged to connect via email for their appointments.

We are here to assist you in making informed choices about your legal needs.

Call us

(905) 795 7757

E-Mail

info@slclawyer.ca

Fax

(905) 795 1271

Consultation Request

We Serve Clients Across Ontario

Multiple Meeting Locations