You are often asked to seek independent legal advice, sometimes known as ILA, from a reputable lawyer. You may be wondering why you need one in the first place. You went to a legal professional for help and found that you were asked to seek another professional’s advice. However, there is no reason to feel upset or anxious. Instead, it makes sense to ask ourselves why we should do this. Consult some of the reasonable conditions below and contact an appropriate counselor.
Conflict of interest – The legal professional is free to represent several clients simultaneously. However, problems arise when there is a conflict of interest with two clients pursuing similar goals or waging a legal battle against each other. A professional usually ask clients to give their consent to represent other clients, but getting a second opinion about no clash can be beneficial in the long run.
Transaction – A lawyer can sometimes enter into a transaction with an existing client, provided it is entirely fair and uplifting. However, the lawyer must recommend that client obtain independent legal advice on the marketing. You are free to refuse to hire another lawyer for advice. Your representative will then ask you to give your consent by signing a document containing this information.
Omissions/mistakes – It is human nature to make mistakes. Lawyers are no exception to this rule. A professional may find that he has omitted important information or made inevitable mistakes while acting on a particular client. It may not always be easy to correct, especially if presented to the parties involved. As a client, you may need to contact an independent lawyer for advice when you are concerned about your rights and the impact of this serious mistake on your life or money.
Mediator – An experienced lawyer who acts as a mediator for the settlement of commercial disputes must create formal drafts that include all the necessary points. However, other parties may wish to request ILA from another professional so that the content of the project can be approved by all involved.
Shared agent – the lawyer can recommend obtaining an ILA so that a client who is not familiar with the process understands what the process entails. The client can continue and sign the document knowing that it contains all the essential terms agreed.
You may hear about the need to obtain an independent legal mortgage when you go to a bank or financial institution to get a loan for a property. The terms and conditions included in the mortgage document will be clearly explained to you by a legal professional so that you can sign the dotted line without being too anxious.
It is important to note that your lawyer will only provide advice for your benefit. He/she has no obligation to other parties that may be involved in the transaction.