If you’re in the process of signing a legal agreement and your lender or the other party has asked you to provide a “Certificate of Independent Legal Advice,” you might be wondering what that actually is – and what you need to do.
This post explains exactly what an ILA certificate is, why it’s required, and how to get one.
What Is a Certificate of Independent Legal Advice?
A Certificate of Independent Legal Advice is a document signed by a lawyer confirming that they provided independent legal advice to a specific person about a specific agreement before that person signed it.
In plain language: it’s proof that you saw a lawyer, that the lawyer reviewed the document with you, and that you understood what you were agreeing to before you signed.
The certificate typically includes:
- The name of the person who received the advice
- The name of the lawyer who provided it
- The date the advice was given
- A statement confirming the person understood the nature and consequences of the agreement
- The lawyer’s signature and professional information
The certificate is not a guarantee that the agreement is fair – it’s a confirmation that you had the opportunity to understand it with the help of your own lawyer.
Why Is an ILA Certificate Required?
An ILA certificate serves an important protective function for everyone involved. For the other party or the lender, it provides evidence that you received legal counsel – which reduces the risk that you could later challenge the agreement by claiming you didn’t understand what you signed.
For you, it confirms that you had your own lawyer in your corner before committing to something significant.
ILA certificates are most commonly required in the following situations:
- Reverse mortgages – required by law in BC and Alberta
- Personal guarantee agreements – required by most financial institutions
- Family law agreements – strongly recommended and often required by the other party’s lawyer
- Severance and termination agreements – increasingly requested by employers as part of the signing process
How Do You Get a Certificate of Independent Legal Advice?
Getting an ILA certificate is a straightforward process. Here’s how it works with Independent Legal Advice:
- Submit your intake form with a copy of the agreement you’ve been asked to sign
- We’ll review the document and confirm your appointment, typically within a few business days
- Your appointment is conducted virtually – no need to travel
- Your lawyer reviews the agreement with you, answers your questions, and confirms you understand it
- We prepare and provide the Certificate of Independent Legal Advice for your records and to share with the requesting party
The entire process is done at a flat fee, so you’ll know what you’re paying before your appointment.
Who Can Issue an ILA Certificate?
An ILA certificate can only be issued by a lawyer who is licensed to practice law in the relevant province and who is independent – meaning they have no conflict of interest and are not acting for the other party to the agreement.
At Independent Legal Advice, we have licensed lawyers in both British Columbia and Alberta and provide ILA exclusively on behalf of the person receiving the advice – never for the other side.
For more detail on who qualifies to give independent legal advice, see our post: Who Can Give Independent Legal Advice?
Our Services
Services offered by Independent Legal Advice:
- Severance & Termination Agreement Review
- Loan & Guarantee Review
- Family Agreement Review (Marriage, Cohabitation & Separation Agreements)
- General ILA
Frequently Asked Questions
Is an ILA certificate the same as independent legal advice?
They go together but are not the same thing. Independent legal advice is the service – your lawyer reviewing the document with you. The ILA certificate is the written confirmation that the advice was given. You can’t have a certificate without the advice.
How long does it take to get an ILA certificate?
Once your appointment is completed, the certificate is typically provided the same day or within one business day. The bottleneck is usually scheduling your appointment – which is why same-week availability matters.
Can I use any lawyer to get an ILA certificate?
The lawyer must be licensed in the province where the agreement is being executed and must have no conflict of interest. Some situations also have specific requirements – for example, reverse mortgages may specify that the lawyer cannot be connected to the lender. If you’re unsure whether your situation has specific requirements, we can help clarify.
Does the ILA certificate mean the agreement is fair?
No. The certificate confirms that you received legal advice and understood the agreement – not that the terms are favourable. Your lawyer will explain the agreement to you and flag any concerns, but the decision to sign is yours.