Waiver of Independent Legal Advice Guide

Key Takeaways

• Waiving Independent Legal Advice (ILA) means signing an agreement without getting your own lawyer’s guidance on its terms and implications.

• ILA is crucial in agreements like family law or real estate transactions to ensure you understand your rights without conflicts of interest.

• A Waiver of ILA confirms you know your right to legal advice, and are choosing to decline it voluntarily.

• While waiving ILA may save time or costs, it exposes you to risks like unfair terms or enforceability issues in the future.

• Your waiver should state that you understand the agreement, are waiving advice voluntarily, and agree to be legally bound by its terms.

• Use NotaryPro’s free Waiver of Independent Legal Advice template and get it commissioned online in minutes.

Are you considering skipping the legal advice before signing a contract or agreement? Before you do, it’s important to understand what waiving legal advice truly means.

When you sign certain agreements, especially for family law or real estate matters, experts often recommend obtaining Independent Legal Advice (ILA). This means retaining your own lawyer to help you understand your rights and obligations before signing.

Although you can legally decline obtaining ILA, it’s essential to understand what the implications of doing so would be. Here, you’ll discover what waiving Independent Legal Advice (ILA) really means, and how to draft a Waiver of Independent Legal Advice effortlessly.

What Is Independent Legal Advice?

To understand what it means to waive ILA, it’s important to unpack what it actually is and why it matters.

Independent Legal Advice involves obtaining legal guidance from your own lawyer, who does not represent anyone else in an agreement. It’s called “independent” because your lawyer does not act for the other party and is focused solely on your best interests. Their role is to explain the legal consequences of an agreement, answer your questions, and help you decide how to proceed.

Here’s what you should know about ILA:

• You and the other party must each speak to your own lawyer.
• A lawyer can only provide legal advice to one person in the agreement.
• You can’t share a lawyer, even if you both agree on the terms.
• You can’t rely on what the other party’s lawyer tells you.
• You still need ILA if you attend mediation and the mediator is a lawyer.

Getting ILA ensures that you understand what you’re signing and that you’re not being pressured or misled in any way. It gives you a chance to:

• Ask questions and get clear, objective legal advice in your  best interest
• Understand your rights and any potential risks before you sign an agreement
• Protect your interests in a legally binding agreement

When Is Independent Legal Advice Required?

You may need Independent Legal Advice when you’re asked to sign an agreement that could affect your rights, business, finances, or property. ILA is designed to protect you by ensuring you fully understand the terms of an agreement and how signing can impact you.

Here are some common situations where ILA may be required or strongly recommended: 

• You’re buying a home, and your spouse won’t be on the title.
• You’re refinancing a home and removing your or your spouse’s name from a title. 
• You’re signing a family law agreement (e.g., Prenuptial, Cohabitation, or Separation Agreement).
• You’re using the same lawyer as someone else (joint retainer).
• You feel there’s a risk your interests won’t be fully protected.
• You’re signing an agreement with a family member, friend, or business partner.
• Your lawyer made a serious mistake, and you want to understand your rights and options.
• You’re signing any contract or agreement that impacts your finances, parenting arrangements, support obligations, or property rights.
• You and someone else wrote an agreement together and you want a lawyer to review it before you sign.
• You attended mediation without a lawyer, and the mediator drafted your agreement.
• You created your own agreement after mediation.
• The other party has a lawyer, and that lawyer prepared the agreement for you both.

What Is a Waiver of Independent Legal Advice?

A Waiver of Independent Legal Advice is a legal document you may have to sign if you choose to decline Independent Legal Advice. It demonstrates that you understand the terms of an agreement and are willing to sign it without legal counsel. Signing this waiver means you’re confirming that:

• You Know of Your Right to Obtain Legal Advice: You were informed of your right to seek ILA and that doing so is recommended.
• You’re Willingly Declining Legal Advice: You made the decision to waive legal advice voluntarily and weren’t forced or pressured into waiving it.
• You Recognize the Risks of Waiving ILA: You understand the potential consequences of declining ILA, and take full responsibility for your choice. 
• You Understand the Agreement: You understand the agreement or contract in question, and are signing it willingly, without coercion.

When Can You Waive Independent Legal Advice?

You may choose to waive Independent Legal Advice even if you have the opportunity to retain a lawyer. Typical situations where you may decide to opt out of Independent Legal Advice include: 

• You’re signing a particular agreement and feel confident that you understand its terms. 
• You’re entering a real estate transaction involving a spouse or family member and don’t want to delay the process by consulting a lawyer. 
• You’re entering into a straightforward deal where all parties are aware of their rights.
• You want to avoid extra legal costs.

What Does Waiving Independent Legal Advice Mean?

Before declining ILA, it’s essential to fully understand any potential risks or implications of foregoing it. When you waive Independent Legal Advice, you’re choosing to sign an agreement without speaking to your own lawyer. While this is allowed, it carries some potential legal risks.

Remember, agreements can:

• Be long, complex, and full of detailed legal terms.
• Include decisions that seriously affect your rights, property, or finances for years.

Once you sign a contract or agreement:

• It becomes legally binding.
• You’re expected to follow everything outlined in it or you may face legal consequences. 

By waiving ILA, you run the risk of:

• Agreeing to terms that are unfair or not in your best interest.
• Accepting conditions that may be hard to enforce or even legally invalid.
• Being at a disadvantage if the other party had legal advice and you didn’t.
• Not understanding an agreement’s terms. 
• Feeling pressured into signing it an agreement. 
• Experiencing difficulty overturning an unfair agreement in the future, if you claimed to have understood its terms before waiving ILA.

Certificate of Independent Legal Advice Vs. Waiver of Independent Legal Advice

While both documents relate to Independent Legal Advice (ILA), each serves a unique purpose:

A Certificate of Independent Legal Advice proves that you received legal advice from a qualified lawyer. It confirms that a lawyer met with you privately, reviewed your agreement, explained your rights, and ensured that you signed it willingly. A lawyer must sign a Certificate of Independent Legal Advice to confirm that you received ILA from them.

A Waiver of Independent Legal Advice demonstrates that you chose not to get legal advice, knowing you had the right to do so. By signing the waiver, you’re showing that you understand the risks of foregoing ILA and have willingly decided to proceed without it. Since no legal advice was provided, a lawyer doesn’t need to sign this document. You’re the only one who is required to sign this waiver.

Drafting a Waiver of Independent Legal Advice

We make drafting a Waiver of Independent Legal Advice truly effortless. Use our free Waiver of Independent Legal Advice template to draft a perfectly formatted document that includes all the essential elements. Simply enter some key details and have your waiver ready in a few minutes. Once you’re done, your waiver will be ready for commissioning with a notary public.

When drafting a Waiver of Independent Legal Advice, the document must clearly state that: 

• You’ve read and understood a legal agreement
• You agree not to challenge an agreement later due to a lack of ILA or understanding
• You were advised of your right to seek independent legal advice
• You understand that seeking ILA was recommended to you
• You were given the opportunity to seek legal advice
• You’ve knowingly chosen to waive obtaining ILA
• You agree to be legally bound by the terms of an agreement
• You’re making this decision freely and responsibly, without coercion

Other crucial details you need to include when drafting your waiver are:

• Your full legal name
• Your current address
• The date you read the agreement described in the waiver
• That you understand the agreement
• The date you drafted the waiver
• The full name of the other party and/or lawyer (optional for record keeping)

Does a Waiver of Independent Legal Advice Need to Be Commissioned?

While not mandatory, it’s strongly recommended to have your Waiver of Independent Legal Advice commissioned by a notary public or lawyer. Commissioning your waiver confirms your identity, proves that you signed it voluntarily, and affirms that you understand the implications of signing it. Essentially, commissioning your Waiver of ILA adds credibility and formality to the document. 

Getting Your Waiver of Independent Legal Advice Commissioned

You can meet with a notary online to have your Waiver of Independent Legal Advice commissioned in 7 minutes, from anywhere. See the steps below to learn what you can expect during your online notary appointment:

• You’ll present a valid government-issued ID, and your notary will verify your identity.
• Your notary will administer an oath or affirmation, asking you to confirm that the information in your waiver is accurate.
• Your notary will ensure that you understand what you’re signing and confirm that you’re proceeding voluntarily without pressure or coercion. 
• You’ll sign and date the waiver in real time, while your notary witnesses your signature during a secure video call. 
• Your notary will then sign the waiver and apply their official seal to complete the commissioning process.

Our online notary service makes commissioning your Waiver of Independent Legal Advice fast, secure, and convenient. You can book an instant appointment or schedule a time that works best for you, including mornings, evenings, or weekends. Connect with us from anywhere, anytime using your smartphone, tablet, or computer.

Draft Your Waiver of Independent Legal Advice Today

Understanding the nature of Independent Legal Advice and what waiving it means is critical in making the best decision for you. While legal advice is always recommended for complex or high-stakes circumstances, you have the choice to decline it.

If you’re confident in your understanding of an agreement and want to proceed without a lawyer, you’ll need to document that decision. Use our free, fillable Waiver of Independent Legal Advice template, and draft a waiver in no time.

Then, when you’re ready, book an online notary appointment with us to have it commissioned in less than 7 minutes!