Lawyer for Independent Legal Advice (ILA) in Calgary, Alberta

INDEPENDENT LEGAL ADVICE (ILA)

Your Calgary lawyer to advise and provide Independent Legal Advice (ILA).

Schedule an appointment with our law firm at 403-400-4092 or Chris@NeufeldLegal.com

When it comes to numerous legal and financial transactions, the legal documentation requires that specific signatories attain independent legal advice (ILA) and certification from the lawyer as to the signatory's receipt of ILA [more on Certificate of Independent Legal Advice]. This legal requirement emanates from the need for each of the parties to prove that they were independently apprised as to the contractual arrangement that they are entering into and that it has been properly explained to them by a lawyer, in particular as to the legal consequences. As such, for the documentation to have legal effect, it must be supported by an ILA, such that it is legally enforceable as against each of the signatories (and without which there is no legally enforceable arrangement).

In such circumstances, you need to receive the unvarnished truth as to what you are signing off on, recognizing that without your signature, what is sought to be achieved under the signed document will not proceed. This is the reality of being required to obtain Independent Legal Advice, as you are committing to fully accepting the legal obligations in the underlying legal documents [as to importance and cost of ILA]. Situations requiring independent legal advice:

  • Personal Guarantees provided in furtherance of a corporation's commercial arrangements, including a bank loan, financial obligation, commercial lease, franchise arrangement, car loan, with the ILA being set out in a Guarantees Acknowledgment Act Certificate that needs to be signed off by the lawyer [also indemnity agreements].

  • Personal Guarantees provided by a parent in furtherance of an adult child's student loan, car loan, or other financial obligation, with the ILA being set out in a Guarantees Acknowledgment Act Certificate that needs to be signed off by the lawyer.

  • Co-signing a Mortgage or Loan for another person, such that as co-signatory you are assuming personal liability for that mortgage or loan, which comes with significant financial risk, such that commercial lenders seek ILAs from co-signatories [more on co-signing ILAs]. Mortgage-related ILAs are also sought on mortgages (non-titled spouse), reverse mortgages, HELOCs (spouse), HELOCs (elderly), collateral mortgage on a business loan, and other financial arrangements from banks and financial institutions.

  • Cohabitation, Prenuptial, and Postnuptial Agreements made by unmarried or married couples to define the division of property and other matters in the event of a separation, for which each party requires their own separate and independent legal counsel, with each lawyer providing an ILA to be included with the principal agreement (and substantiate its enforceability) [more on prenuptial and postnuptial ILAs].

  • Separation Agreements between married couples that are separating or divorcing, and there is a division of property, the Family Property Act (Alberta) specifically requires that each spouse have received Independent Legal Advice to be legally enforceable.

  • Termination of Common Law Relationship Agreements as between Adult Interdependent Partners (common law partners) with each stating their intention to live separate and apart with no possibility of reconciliation.

  • Waiver of Dower Rights, as the Dower Act (Alberta) protects a spouse's right to their matrimonial home, such that a waiver of dower rights cannot occur without ILA, as the spouse needs to understand from a lawyer the implications of giving up their claim to the home.

  • Shareholders to a proposed Shareholders Agreement can benefit from independent legal advice, although it is not mandated by statute, it is beneficial to properly understand the rights and restrictions that will be imposed on the shareholder and their shareholding once they sign off on the shareholders agreement.

Important Note for Anyone receiving Independent Legal Advice: For anyone being asked to receive Independent Legal Advice (ILA), it is crucial to understand the significant financial responsibility and risks involved. If there wasn't serious risk, ILA would not be sought, especially where it is required by statute, such that the government considers the financial exposure sufficiently serious, that the government has legislated in those instances the attainment of ILA [about our law firm providing ILA and controlling cost].

When you are required to a knowledgable lawyer to advise and provide Independent Legal Advice, contact Calgary ILA lawyer Christopher Neufeld by email at Chris@NeufeldLegal.com or by telephone at 403-400-4092 to schedule an appointment (including remote video and evening mobile legal services).

 

Independent Legal Advice (ILA)

ILA when You are Out-of-Province or Out-of-Country

The provision of independent legal advice for individuals involved in Alberta-based legal matters has evolved significantly to accommodate those situated outside the province or country. As an Alberta lawyer, we are generally authorized to provide advice on matters governed by provincial law regardless of where you are physically located at the time of the consultation. This capability is particularly relevant for the execution of domestic contracts, corporate agreements, and real estate transactions that require a certificate of independent legal advice to be enforceable. Provided that we are meeting our professional obligations as established by the Law Society of Alberta, while being mindful any local regulations in your current jurisdiction, we might look to provide you with independent legal advice to distant lands. Technological advancements and changes in regulatory frameworks have formalized the process for delivering these services remotely. Consequently, an individual in New York, New Delhi or New Taipai City can complete the process to attain a Certificate of Independent Legal Advice to fulfill a legal process governed by Alberta law without the need to travel back to Alberta.

Remote verification and virtual commissioning have become standard practices for Alberta lawyers assisting out-of-province clients. The use of video conferencing platforms allows our law firm to verify your identity and observe the signing of documents in real time. This process ensures that we can assess your capacity and determine if any undue influence is being exerted during the signing process. Some specific documents may still require an original ink signature, which necessitates the use of international courier services to complete the transaction. Despite the physical distance, we can fulfill our legal function of confirming that you fully understand the nature and consequences of the legal document that you are executing.

The accessibility of remote legal services has effectively eliminated many of the traditional barriers for Albertans living or working abroad, in addition to those who had made themselves subject to Alberta law (marriage, children, real estate ownership), or are engaged in commercial transactions with or in Alberta. Our law firm's legal practice regularly undertakes such legal work, working not only with your schedule when you are situated in distant countries, but also those of interpreters and translators who may be required to ensure that there is no question as to your understanding of the legal advice that we provide, such that we work with their schedules to accomodate the completion of the legal work you require, oftentimes after the sun has risen in Calgary (or set at night).

Certificate of Independent Legal Advice