Independent Legal Advice (ILA)

An individual client is often required to obtain independent legal advice (or ILA), from an independent legal adviser, in respect of their transaction documents or as part of a legal process. Usually, the solicitor, legal executive or licensed conveyancer, will provide a signed certificate stating when and where they provided the impartial advice. If a dispute arises regarding the documentation, the solicitor may be called upon to confirm that independent advice was provided and the correct process was followed.

Increasingly, some law firms don’t want to provide independent legal advice to clients, often seeing it as a hindrance, but we are happy to help.

Independent legal advice is vital to many legal processes and transactions. It ensures individual clients understand the implications of agreements they enter into and that contracts are enforceable, protecting all parties involved.

If you have ever read through a mortgage document, you will know that the lender has serious powers in terms of what it can do if payments are not received as and when they are due. Most people, however, wouldn’t read such documents, and lenders therefore require borrowers and related parties to obtain ILA. This ensures that borrowers have a proper understanding of the risks involved with taking on the loan. The benefit to the lender is that you cannot then claim that you were never told what you were signing should a dispute arise down the line.

Much of this area of law concerning mortgages spans from the case of Royal Bank of Scotland v Etridge, following which courts agreed that borrowers for a mortgage should be advised to seek independent advice before signing documentation. This helps prevent unscrupulous family members taking advantage over vulnerable parties, as well as the risk from potentially unscrupulous lenders.

The benefit for you as an individual is that you understand the risks. It may be that following the provision of the legal advice, you choose to reconsider your banking, and perhaps seek a better arrangement elsewhere i.e. with another lender who may not require so much security for example.

To obtain independent legal advice, you need to contact an appropriately qualified legal professional. Whilst you may be required to obtain ILA in person, many organisations are now happy for it to be provided remotely.

At Scott Bailey, we regularly advise clients from the New Forest, Southampton, Portsmouth, Bournemouth and across the South Coast, as well as supporting clients from further afield remotely.

If you would like to learn more about how we can support you with independent legal advice, please get in touch.

Generally, so that you can speak candidly, you should be on your own for the meeting, and not accompanied by friends or family members. If you have a particular need to have someone else present, please do let us know when booking your appointment.