Independent Legal Advice

Independent Legal Advice, or “ILA” is often required when one party has a lawyer and the other party is self-represented, although it is almost always recommended before entering into any final resolution. In fact, many lawyers require that a Certificate of ILA is included so that the negotiated agreement itself is strengthened. When executing an Agreement or accepting an offer to resolve your legal matter, it’s always recommended that you obtain Independent Legal Advice to ensure that your Settlement is appropriate and will withstand scrutiny if challenged in Court.

It is extremely important to understand your rights and obligations before signing a contract, whether that’s a Separation Agreement, Offer to Settle, or other written agreement. One should never sign an Agreement or accept an offer in writing without being fully informed as to the consequences of that agreement, which is where Independent Legal Advice can assist. Obtaining Independent Legal Advice involves meeting with a licensed lawyer to review the draft agreement(s), discuss the law that applies, identify ‘red flags’ that may need to be addressed before signing, and ensure that you fully understand the consequences of executing the agreement. After obtaining Independent Legal Advice, a Certificate of Independent Legal Advice signed by both you and your lawyer is often included at the end of the document. This is done to help prevent one party from claiming at a later date that they were unaware of what they were signing or what the consequences would be.

Disclaimer: The information contained within these pages is general information only. Each matter is unique and the information contained within these pages may not apply to your situation. You should always seek legal advice to review your individual matter.