Parties negotiating and finalizing 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 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.
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.
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
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