Waiver of Independent Legal Advice | Free Template

A Waiver of Independent Legal Advice is a document you might need to sign if you decline obtaining independent legal advice (ILA). It demonstrates that you understand the terms of the agreement and are willing to sign it without retaining legal counsel. Signing this document means you’re confirming that:

• You Understand Your Right to Obtain Legal Advice: You were informed of your right to get ILA and that doing so is recommended.
• You Understand the Agreement You’re Signing: You understand the terms in the contract in question, and are signing it willingly, without coercion.
• You’re Willingly Declining ILA: You’ve decided to waive legal advice voluntarily and weren’t forced or pressured into doing so.
• You acknowledge the risks of waiving ILA: You know about the potential consequences of declining ILA, and take full responsibility for your decision.

To learn more about what independent legal advice is, check out our Waiver of Independent Legal Advice guide!

You may choose to forego independent legal advice, knowing you have the opportunity to retain a lawyer. Typical situations where you may choose to decline independent legal advice include:

• You’re involved in a real estate transaction with a spouse or family member and don’t want to delay the timeline.
• You feel confident that you understand an agreement’s terms.
• You want to avoid paying legal fees.
• You’re entering into a simple deal, and all parties are aware of their rights.

You may need independent legal advice when you’re signing an agreement that could affect your rights, business, finances, or property. Getting ILA can protect you by ensuring you fully understand the terms of a contract and how signing can affect you.

Below are some common situations where ILA may be strongly recommended:

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

Learn more about what waiving independent advice means for you and the potential consequences here.

Drafting a Waiver of Independent Legal Advice is relatively straightforward. You can use our template to have your waiver ready in a few minutes.

A Waiver of Independent Legal Advice should clearly state that:

• You agree not to challenge the agreement later due to a lack of understanding or ILA
• You’ve read and understood the agreement in question
• You were informed of your right to seek independent legal advice
• You acknowledge that seeking ILA was recommended to you
• You agree to be legally bound by the terms of the agreement in question
• You’ve decided to waive ILA freely, without coercion
• You were given the opportunity to seek legal advice

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

• Your legal name
• Your address
• The date you read the agreement you’re referring to 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)

Note: Although you acknowledge your understanding of the agreement, the waiver doesn’t prevent a court from deciding whether it was fair.

While not mandatory, it’s strongly recommended to have your Waiver of Independent Legal Advice commissioned. Commissioning your waiver verifies your identity, confirms that you signed voluntarily, and affirms that you understand the implications of signing.

Essentially, commissioning your waiver adds credibility and authenticity to the document. This becomes especially useful if future disputes related to waiver ever arise.

Once you draft your waiver, you can meet with a notary online to have it commissioned in 7 minutes, effortlessly. See what you can expect during an online notary appointment below:

• You’ll present government-issued ID, and your notary will verify your identity.
• Your notary will administer an oath or affirmation and ask you to confirm that the information in your waiver is true.
• Your notary will ensure that you understand what you’re signing and verify that you’re signing without coercion.
• You’ll sign and date the waiver while your notary witnesses your signature.
• Your notary will also sign the waiver and apply their official seal to complete the commissioning process

Now that you understand the essence of a Waiver of Independent Legal Advice and how to draft one, it’s time to take the next step! Use our free Waiver of Independent Legal Advice template to draft your waiver in minutes. Just enter a few simple details, and your waiver will be ready.

Our online notary service makes commissioning your waiver fast, secure, and convenient. Meet with a notary instantly or book a future appointment — whatever works best for you. See how easy it can be today!