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Independent Legal Advice

 

What Is Independent Legal Advice?

At times individuals need independent legal advice about an Agreement that has been drafted and given to them to sign. There are many different kinds of such agreements in family law, but for all of them, our role is to:

  • Review the draft Agreement before we meet with you;
  • Meet and explain the draft Agreement, and the law, to you after discussing the details of your circumstances and explain any concerns or recommendations we may have (including the issue of financial disclosure and due diligence that is highly recommended before signing any Agreement);
  • Work together with you and the other counsel to make any necessary changes to the Agreement, which could include some additional negotiation;
  • Sign the final Agreement with you; and
  • Work with you as necessary to implement the Agreement after it is signed. That could include dealing with property or vehicle transfers, settlement payments, property exchanges and the like.

We provide independent legal advise for Agreements that have been drafted by licensed lawyers. Agreements drafted by non-lawyer paralegals, or by the parties themselves, while usually well intentioned, often present with substantial drafting and legal understanding deficiencies, and so we will not work with them.

In any file opened for Independent Legal Advise we request an initial 3 hour retainer deposit. This usually supports the initial review and feedback on the Agreement including the client meeting to discuss the draft Agreement. It is important to know that counsel is professionally and ethically obligated to represent the best interests of the client, and to advise clients on the law and on their rights and obligations in any given situation. This obligation can sometimes mean counsel needs to be frank with a client to protect them from themselves or from the consequences of a questionable decision. Leamy Family Law will not hesitate to discourage the signing of an unfair or unbalanced Agreement, or an Agreement the terms of which are not supported by a sufficient or any sharing of financial information. The obligation to protect the client is a serious one and is not met if counsel just ‘rubber stamps’ the client’s signature on an Agreement, without first engaging in proper expert consideration.

Testimonials

Initial Consultations

To book an initial consultation, please contact Nadia at [email protected], by phone at (403) 270-7200 extension 201, or complete our online booking form.

Initial consultations are ½ price for one hour, paid in advance. However, meetings for Independent Legal Advice for a Contract or Settlement Agreement are charged on a regular basis for the full time spent.

(403) 270-7200 ext. 201