Independent Legal Advice (ILA) is face-to-face advice given by a solicitor to an individual on their personal obligations under a document. There are specific requirements on the solicitor (listed below) when providing ILA to ensure that there is no undue influence (pressure being put on the person by someone else forcing them to enter into the document).

ILA is allocated based on the physical location of the client. In a non-Covid climate, we would only be able to provide ILA to clients who are able to visit our office locations.

Independent Legal Advice is commonly required in the following circumstances:

  • Director’s Personal Guarantees (on corporate loans and mortgages)
  • Personal Guarantees (where an individual guarantees repayment of a loan made to someone else)
  • 3rd Party Legal Mortgages (where the borrower is not the same person as the person offering the lender security)
  • Occupier’s Consent to a Mortgage
  • Family “Springboard” Mortgages
  • Transfers of Equity
  • Employment Settlement Agreements

By entering into any of the above documents, you will usually be agreeing to either take on some form of liability or waive some of your rights but without necessarily enjoying any direct personal benefit for doing so. It is therefore very important that you fully understand the implications and seek appropriate professional guidance. Lenders and solicitors insist that you obtain Independent Legal Advice under such circumstances.

That said, being told to get Independent Legal Advice is almost always an unwelcome surprise. Too often the requirement is communicated at the eleventh hour causing uncertainty, expense, and delays as you try to find a law firm willing and able to give you the advice you need in a reasonable timeframe.

Why do I need it?

By entering into any of the above documents, you will usually be agreeing to either take on some form of liability or waive some of your rights but without necessarily enjoying any direct personal benefit for doing so. It is therefore very important that you fully understand the implications and seek appropriate professional guidance. It is right that lenders and solicitors insist that you obtain Independent Legal Advice under such circumstances.

That said, being told to get Independent Legal Advice is almost always an unwelcome surprise. Too often the requirement is communicated at the eleventh hour, causing uncertainty, expense, and delays as you try to find a law firm willing and able to give you the advice you need in a reasonable timeframe.