It is common to be asked to get
independent legal advice occasionally known as ILAfrom a lawyer of repute. You
may be wondering why you need one in the first place. You have gone to a legal
professional for help and find yourself asked to obtain advice from another
professional. There is no reason to feel angry or anxious, however. Instead, it
makes sense to inquire why you need to do it. Do check some of the plausible
circumstances below and get in touch with the right advisor. Sean Brown is an Advocate who is an expert in the field of law. Distinctive nations'
lawful frameworks utilize the term with fairly varying implications.
Conflict of Interest- A legal
professional is free to represent multiple clients at a time. However, problems
arise when there is a conflict of interest with two clients pursuing identical
goals or fighting a legal battle against each other. The pro usually asks the
clients to give their consent about being free to represent other clients, but
getting a second opinion about no clash may prove to be helpful in the long
run.
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Sean Brown |
Transaction- The lawyer may enter
into a transaction with an existing client at times too provided it is fair and
completely above board. However, the lawyer needs to recommend that the said
client get an independent legal advice pertaining to the transaction. You are
free to refuse hiring anther lawyer for advice though. Your representative will
then require you to give your consent by signing a document containing this
piece of information.
Omissions / Errors- It is human
nature to make mistakes. Lawyers are no exception to this rule either. The
professional may discover that he has omitted an important piece of information
or made certain errors while representing a particular client. This may not
always be easily rectified especially when it has already been submitted to the
concerned parties. You, the client, may have to contact an independent lawyer
for advice when you are concerned about your rights and the repercussions that
the momentous mistake may have on your life or finances.
Mediator- An experienced lawyer
who takes on the role of a mediator for settling business disputes needs to
create an official drafts that include all the required points. However, the
other parties may want to seek an ILA by another professional so that the
contents within the draft can be approved by all concerned.
Joint Retainer- The lawyer may
advice getting an ILA so that a client who is not aware of the process
understands what the process involves. The client can then go on and sign the
document knowing that it contains all important clauses that have been agreed
upon.
You may hear about the necessity
of independent legal advice mortgage when you approach a bank or financial
institution for obtaining a loan against property. The terms and conditions
included within the mortgage document will be explained to you lucidly by a
legal professional so that you can sign on the dotted line without being overly
concerned.