Whether you have been asked by your lawyer to seek independent legal advice or you are a lawyer needing to refer your client to another solicitor for independent legal advice, we are happy to help.

Many areas of private client law require that you have met with a lawyer who is totally independent from any other party to the matter that you are involved with.

For instance, if you and your partner are entering into a contracting out agreement (pre-nup) or a separation agreement (even where it is very amicable), you may both work with one solicitor to prepare the agreement, however, one of you will need to see another solicitor (who is independent and able to specifically advice you on the effects and implications of the agreement and is focused only on you and your bests interests), before the document will be able to be signed and be legally binding.

Enduring powers of attorney also sometimes requires independent legal advice from another solicitor, where your solicitor may have a conflict as he or she also acts, or has a relationship with, the person that is being appointed. Please note that there is an acceptation for partners appointing each other. However, a common situation where a conflict may arise is where a solicitor acts for a son or daughter, who then brings in their elderly parent to prepare the parents enduring powers of attorney, which appoints that son or daughter

We work closely with other solicitors to make this process as easy and affordable as possible for the clients, and we are happy to travel to accommodate clients.

 

FREQUENTLY ASKED QUESTIONS

What is independent legal advice?

During a transaction, be it in a business or personal context, you may find yourself in a situation where you are being told that you need to take Independent Legal Advice. Typically, Independent Legal Advice is required for a matter that is incidental to, but critical for the completion of a transaction. Alternatively, it can be specifically required by law for a document to be legally binding, such as a Contracting Out Agreement or an Occupation Right Agreement.

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 Lawyers insist that you obtain Independent Legal Advice under such circumstances.

What are some examples of situations that require independent legal advice?

Some examples include:

  • Relationship Property/Contracting Out Agreement
  • Separation Agreement
  • Bank documents (home loan/reverse mortgages)
  • Personal guarantees
  • Enduring Powers of Attorney where the person you are appointing as your attorney is not also appointing you, and your Lawyer acts for you both
  • Occupation Rights Agreement

Can my partner and I see you together first, before one of us sees another lawyer for independent legal advice?

Yes

We have a family solicitor. Can one of us see you as a one-off for independent legal advice on a matter?

Certainly, not a problem.

Does it cost to obtain independent legal advice?

Yes. Unfortunately, while this can be frustrating for clients, it is however necessary. The lawyer who gives you the independent advice is playing an important role and must be able to certify that they have met with you and advised you, which requires both time and knowledge.

TOUCH BASE
0508 227 352

Call or email using the form below. We look forward to helping you.


  • Suzie clearly delivered to myself and others a focused and friendly approach to all the issues presented to her. We had some older family member matters to resolve; Wills, Trust issues, License to Occupy, etc.. Suzie provided exceptional service, concise and sound advice which we accepted and followed through in the execution of the required legal documents. Suzie is professional, focused and pragmatic in providing intelligent legal solutions and recommendations.
    Jonathan W
  • Our family has used Rosie for everything from wills and family trusts to house purchases and sales. I can absolutely recommend her, she is easy to deal with, communicates well, makes things simple and to top it off is a lovely person to work with.  
    Tim Hawes
  • “Rosie helped us with our wills and powers of attorney and she made it such an easy process for us. She gave us a lot of advice and explained different ways we could do it, all along with a friendly professionalism. I cannot recommend her enough and will definitely be using her services in the future.”  
    Julian & Malin Dimech