If you need independent legal advice before signing an agreement, you may be wondering where to start – and specifically, whether just any lawyer will do. The short answer is: not quite. There are specific requirements for who can provide independent legal advice, and understanding them will help you get the right person for the job. In this post, we will answer: who can give independent legal advice?
The Basic Requirements for an ILA Lawyer
To provide independent legal advice that will be recognized as valid, a lawyer must meet three basic requirements:
- They must be licensed to practice law in the province where the agreement is being executed
- They must be acting exclusively for you – not for the other party, the lender, or anyone else involved in the transaction
- They must have no conflict of interest with respect to the agreement or the parties involved
The “independent” in independent legal advice is not just a label – it’s a legal standard. A lawyer who also acts for your employer on the same severance matter, or who has any financial stake in the transaction, cannot provide valid ILA.
Where Does the Lawyer Need to Be Licensed?
If you’re signing an agreement governed by BC law or being executed in British Columbia, your ILA lawyer must be a member in good standing of the Law Society of British Columbia. If the agreement involves Alberta, the lawyer must be licensed with the Law Society of Alberta.
This matters more than it might seem. Legal requirements for enforceability, family law protections, and employment standards all vary by province. A lawyer who is only licensed in another jurisdiction may not be familiar with the specific rules that apply to your agreement.
At Independent Legal Advice, we have lawyers licensed in both British Columbia and Alberta – the two provinces we currently serve.
Can a Notary Public Provide ILA?
In British Columbia, notaries public are licensed to handle certain legal documents – but they are not lawyers and cannot provide independent legal advice for most ILA situations. A notary can witness a signature, but witnessing is not the same as advising. If a lender or agreement specifically requires a Certificate of Independent Legal Advice, a notary cannot fulfill that requirement.
If you’ve been told you need ILA and you’re not sure whether a notary would suffice, check the specific language of the requirement in your document – or reach out and we’ll clarify.
Can Your Employer’s Lawyer or the Bank’s Lawyer Provide ILA?
No. This is one of the most important points to understand. A lawyer who is already acting for one of the other parties in the transaction cannot also provide you with independent legal advice. Doing so would create a conflict of interest that invalidates the ILA.
This is why many employers and lenders specifically require their documents to be reviewed by a different lawyer – one who has no prior involvement in the matter and is acting solely on your behalf.
Does It Matter What Kind of Lawyer You Use?
It can. While there’s no strict rule that says you must use an employment lawyer for a severance review or a family lawyer for a cohabitation agreement, using a lawyer with experience in the relevant area of law will almost always result in a better review.
A lawyer who regularly reviews severance agreements will know what a standard package looks like, what terms are favourable, and what red flags to watch for. A generalist lawyer might technically meet the ILA requirement, but might not offer the same depth of review.
At Independent Legal Advice, our practice is focused specifically on providing ILA reviews – it’s not a sideline service. We do this regularly and efficiently, which means a better review for you at a flat fee with no retainer.
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
Can a lawyer in another province give me ILA for a BC agreement?
Generally, no. Your ILA lawyer should be licensed in the province where the agreement is being executed. For BC agreements, you need a lawyer licensed with the Law Society of BC.
Can my regular lawyer provide ILA?
Yes, as long as they are licensed in the relevant province, have no conflict of interest, and are acting only on your behalf with respect to this document. If your regular lawyer also acts for your employer or the other party in any capacity, they would not be appropriate.
Can a law student or articled student provide ILA?
No. ILA must be provided by a fully licensed lawyer. An articled student (a student doing their supervised legal training) cannot issue a Certificate of Independent Legal Advice.
How do I find an ILA lawyer in BC or Alberta?
You can use the Law Society of BC or Law Society of Alberta websites to find licensed lawyers in either province. If you’re looking for a practice focused specifically on ILA, you’re already in the right place – Independent Legal Advice provides exactly this service, virtually, across BC and Alberta.