Last updated: January 2026

A person seeking independent legal advice is as much your client as any other. There is not a different standard of service because your meeting is brief and you may not see the client again.

Giving independent legal advice is never routine, not even if the person seeking advice has already made a decision. Your consultation may be the client’s only opportunity to objectively consider an agreement that exposes the client to significant liability or prejudice while primarily benefiting another party. It’s essential that you diligently interview, gather information, analyze the issues and formulate your advice.

Below are steps to follow when giving independent legal advice.

1. Consider whether you have sufficient competence in the area of law in question to be able to give independent legal advice
2. Identify the client in accordance with the Law Society’s Client Identification and Verification Rules.
3. If the client needs an interpreter, have a neutral party interpret rather than a member of the family.
4. Gather enough information about the circumstances surrounding the agreement to be able to summarize them to the client and predict problems. In particular, gather information on the client’s age and level of knowledge, the client’s motivation or interests, the relationship of the parties, and their relative bargaining power. Find out enough about the client’s financial situation to know the financial impact of the transaction.
5. Ensure that the client understands not only the nature and effect of the document, but also their underlying rights and entitlements.
6. Rather than asking the client if they understand the document in question, have them explain in their own words their understanding of the agreement.
7. Ensure clients are exercising their own free will. Be especially diligent if a guarantor is a relative of the borrower, subservient to the borrower, or an unsophisticated party.
8. Be sure all documents and forms are complete in all respects before you or the client sign.
9. If you advise against signing but the client chooses to sign, have a witness present while you explain your advice. Have the client sign an acknowledgement that they are signing against your advice.
10. If you do not feel that you can sign the agreement with the client, write a letter outlining the advice given and the reasons why you were unable to sign the agreement.
11. Retain a file for the matter. Keep copies of everything the client signs. Keep your notes on the facts you gathered and the advice you gave. Note the time you spent on the file.
12. It is advisable to accept payment from the client rather than someone whose interests may be contrary to the client. If a third party is paying the legal fees, ensure again that the client is free of any undue influence or duress.

See the accompanying Independent Legal Advice Checklist for giving independent legal advice.

Sending a person for independent advice

There are times when you should or must send a person for independent legal advice:

• where required by statute;
• where the person is an unrepresented opposite party;
• if you draw up a separation or settlement agreement for both parties to a matrimonial dispute;
• if you represent a lending institution that has a fiduciary relationship with a borrower;
• if you’ve made an error that will harm the client; and
• where you may be acting in a potential conflict of interest and have a concern about the client’s ability to give an informed consent.

If one party is receiving all the financial benefit of the transaction and the other is unsophisticated, it may not be sufficient to recommend that the unsophisticated party obtain independent legal advice. You may need to ensure that they do so.

You should not refer a party to your associate or partner for independent legal advice. Rather, give them a list of lawyers practising in the relevant area.

Independent Legal Representation

There are also times when you should or must send a person to another lawyer for a more fulsome, independent engagement. In these situations, a single meeting for independent advice may not be enough to ensure the client’s interests are protected and you have fulfilled your ethical obligations. Examples include where you are doing business with a client, or where two estate beneficiaries disagree on the distribution of the estate. In these cases, the clients should have their own counsel who act for them on the matter.