Independent Legal Advice
If you’re entering into a legally binding contract, let our lawyers ensure that your interests are protected
What is Independent Legal Advice?
A Certificate for Independent Legal Advice is a document that attests that you have received advice from an independent lawyer before entering a legally binding agreement. For many, the idea of having a lawyer represent them in the negotiation of a legal contract is stressful: “isn’t legal advice expensive?” “What if hiring a lawyer is misinterpreted as an act of aggression and causes unnecessary conflict?”
Thankfully, obtaining independent legal advice is nothing to worry about. Independent legal advice is affordable and protects you by ensuring that you understand your rights and obligations. In addition, the other contractor – whether your new employer or your spouse – will also receive independent legal advice from their lawyer to ensure that their interests are protected.
Virk Law Independent Legal Advice Timeline
Step 1: Review Draft Agreement
Your lawyer will only give Independent legal advice if they are competent in the area of law in question and will gather as much information as possible about the circumstances of your unique situation.
In many cases, the first step involves having you explain the document in your own words.
Step 2: Explain Your Rights and Entitlements
Just as it’s essential to understand the nature of the document, it’s also important to understand the legal rights and entitlements that you are agreeing to.
A certificate of Independent Legal Advice demonstrates that you, i) understood everything in the document; ii) understood the implications of the rights and obligations you may be consenting to or sacrificing; and iii) as a result, understand that challenging the signed agreement in court will be very challenging.
Step 3: Ensure the Agreement is Fair
It’s essential that you, our client, are exercising your own free will when entering into a legally binding agreement. As such, we are diligent in identifying any conflicts of interest or power imbalances that may result in an “agreement” that is not in your best interest.
Step 4: Letter of instructions
Your lawyer will provide you with a written document including a summation of what you have shared with them as well as an explanation of potential risk and legal advice for your unique circumstance.
Step 5: Execute Agreement
If everything is in order and the other party agrees to any proposed changes, then the agreement is witnessed and signed..