Getting Independent Advice For Legal Issues In Calgary
Independent legal advice lawyers are called upon when you enter into certain legal agreements. It is indented to protect individuals from being taken advantage of. It also protects the contracting party who is getting the benefit of the agreement from being accused of cheating the individual. Independent legal advice is sometimes referred to as ILA. The lawyers at Kahane Law Office in Calgary, Alberta can help you with independent legal advice when you need it. Call now to book 403-225-8810.
What ILA Is NOT
We do NOT see independent legal advice a service to scare people out of signing an agreement. We also do NOT encourage a fight between parties. Our role is to review and educate clients about what they are signing and their options. Even if we advise against it, a person can still enter the agreement.
Why Do You Need Independent Legal Advice?
The courts want to make sure that people enter agreements with open eyes. There are certain agreements that the courts and/or the government decided need to have independent legal advice. This protects people from being taken advantage of. Sometimes, people are in desperate or difficult situations and they agree to things that are not a good choice. Ethically and legally, it is important for those people to be sent to get independent third party legal advice. The Law Society of Alberta sets out situations where you should ensure a client gets independent legal advice. ILA also makes sure that the person is not being physically forced to sign an agreement.
What Do Independent Legal Advice Lawyers Review?
When giving independent legal advice, lawyers must review the documents being signed and all supporting documentation that relates to the document. Examples of this include a loan agreement in financing, and financial statements in a family law settlement.
The Difference Between An ILA and A Notary
Getting a document notarized simply means that you appeared in front of a lawyer or notary, and they witnessed you signing a document. It is a way to make sure that someone verified the identification of the person signing.
An independent legal advice lawyer must review the documents being signed, supporting documents (which may vary) and ensure certain things. Basically there are three important aspects:
The independent legal advice lawyer must make sure that the agreement or document is a valid, well drafted agreement.
We must also make sure that the person signing is fully aware of their legal rights and obligations under the agreement as well as the consequences under it.
When giving independent legal advice, we need to explain the options that are available, other than signing that document. In other words, what other choices are available or the consequences of not signing the agreement or document.
Types Of Agreements That Require ILA From Lawyers
Many situations arise that require independent legal advice lawyers. People often ask for a simple notary for these, however, ILA differs significantly from merely notarizing a document. For example, two of the more common include:
Independent legal advice for family law agreements
The courts and the government want to make sure that each party enters into family law / matrimonial property law settlements fully aware. Separation agreements, cohabitation agreements, prenuptial agreements are examples of agreements needing ILA. It is an absolute requirement to see an independent legal advice lawyer. To give this advice, independent legal advice lawyers must receive and review all financial disclosure.
Independent legal advice for private mortgage loans
Private mortgages are often very expensive. They may have high interest rates and high lender or broker bonuses. The people who are borrowing in these situations are often in a financial crisis. Lenders want to make sure that these borrowers are not “forced” to sign documents, or that the borrower can later say that they did not understand.
Finding Independent Legal Advice Lawyers In Calgary
To schedule an appointment with one of our independent legal advice lawyers, please contact our experienced team at Kahane Law Office. We will need to know the nature of the agreement as our lawyers specialize in different aspects of law. We can be reached toll-free at 1-877-225-8817 (or403-225-8810 locally in Calgary, Alberta), or email us directly here.