How to Get Independent Legal Advice (ILA)
If you've been asked to seek Independent Legal Advice (ILA), you may be wondering what that involves and how to go about it. Here’s a clear step-by-step breakdown of how to get ILA through Bard’s law firm, followed by a quick summary of what ILA is and why it matters.
Step-by-Step Process:
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The first step is to schedule a free 15-minute discovery call. During our initial meeting, we’ll discuss your situation, reasons for needing ILA, and how I can help.
In some cases ILA is sufficient, but in other cases, more comprehensive legal representation (ILR) may be more appropriate (see more below).
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If we decide to move forward with ILA for your situation, we’ll sign a limited scope retainer to confirm our engagement.
Then, you will need to provide all relevant documents (e.g., the Agreement and any financial disclosure) for review. I typically require at least one to two weeks to review the relevant documents once it is all received. Depending on the complexity and length of the documents, this may require more time.
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The ILA Appointment typically lasts 60 minutes.
At the meeting, I will:
Review your personal, health, family, or business circumstances relevant to the agreement.
Assess whether you are subject to duress or undue influence and confirm you are acting freely and voluntarily.
Confirm that complete financial disclosure has been obtained by both you and the other side.
Explain the nature and consequences of the agreement or transaction, including all clauses, risks, and potential adverse outcomes. This includes advice on the current law concerning division of property and support obligations upon marriage breakdown (and parenting of children, if applicable).
Advise you of your legal rights and obligations in relation to the subject matter of the agreement.
Confirm your understanding by asking if you comprehend the agreement and if you can explain what you believe it says.
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You will be provided with a written certificate of ILA. This is a document signed by both the client and the lawyer, confirming that the client received advice and understood the agreement.
This certificate serves as important evidence that proper ILA was provided, which can be critical if the agreement is ever challenged in court.
What is Independent Legal Advice (ILA)?
Independent Legal Advice (ILA) is objective and unbiased legal advice that each individual involved in a legal transaction receives from their own separate lawyer. It ensures that you receive advice tailored to your specific interests, independent of any other parties involved.
ILA is often sought before signing significant agreements or entering into transactions. The scope of ILA is limited in that it addresses only a specific decision to be made. This is different than Independent Legal Representation (ILR) where a lawyer acts as the client’s full legal representative for an entire matter or transaction (see more below).
Why is ILA Important in Family Law?
Obtaining ILA is highly recommended, especially for family law agreements like marriage, cohabitation, or separation agreements, even though there’s no law explicitly requiring it.
ILA is beneficial for a number of reasons:
Ensuring Your Full Understanding
During the ILA process, I will explain the nature and consequences of the agreement or transaction, including specific clauses, risks, and potential adverse outcomes.Protecting Your Rights and Interests
I will ensure you are fully aware of your legal rights and obligations, and how the agreement might affect you, your property, parenting arrangements, or support obligations, both immediately and in the long term. My advice will be solely in your interest.Safeguarding Against Undue Influence or Duress
I will assess whether you are acting freely and voluntarily, and not under any pressure, duress, or undue influence from another person. This is particularly critical if you are elderly or vulnerable.Enhancing Enforceability
Agreements signed after both parties have received proper ILA are more likely to be upheld by a court and less likely to be challenged or set aside later. If ILA is not obtained, or if records are insufficient, a court might have grounds not to apply the agreement.Ensuring Financial Disclosure
For contracts like marriage agreements, I will ensure that complete financial disclosure has been exchanged between all parties. This is vital because if there are misrepresentations in disclosure, the agreement can be set aside.Avoiding Future Litigation and Costs
Proper ILA significantly reduces the risk of future court disputes and expensive legal fees upon separation or if a transaction goes awry.
What is Independent Legal Representation (ILR) and When Is It More Appropriate?
ILA is generally sufficient when an agreement has largely been drafted, and the client primarily needs a lawyer to review it, explain its terms and consequences, confirm understanding, and ensure they are signing voluntarily and with full knowledge of their rights and obligations. The lawyer's role here is to provide an objective assessment and advice on the existing document.
On the other hand, Independent Legal Representation (ILR) refers to comprehensive involvement of a lawyer in a client’s legal matter, where the lawyer enters a full lawyer-client relationship on the client’s behalf and advocates for their interests throughout the process of negotiating a contract or agreement.
ILR may be more appropriate when the client needs a lawyer to be actively involved in:
Negotiating the contents of the agreement from the outset, rather than just explaining an existing draft.
Representing the client's interests throughout the bargaining process, especially in complex situations where there may be a significant power imbalance or intricate details to work through, such as a marriage agreement with substantial assets.
Engaging in a more comprehensive legal process that extends beyond the "transactional" nature of typical ILA sessions.
If the client needs their lawyer to negotiate, draft, or actively participate in the creation of the agreement on their behalf, then that falls under the umbrella of ILR.
It is important to understand the difference between ILA and ILR, and the limited-scope nature of ILA.
