Independent Legal Advice
Clear, straightforward advice before you sign.
Have you been asked to sign a guarantee, legal charge, loan agreement or another legal document?
It can be difficult to know exactly what you're agreeing to, particularly when someone else has prepared the paperwork and is asking you to sign it.
That's where independent legal advice comes in.
We will go through the document with you, explain what it means, answer your questions and make sure you understand the important points and risks before you decide what you want to do. Our job isn't to tell you whether you should sign. It's to make sure you understand what you're signing so you can make your own informed decision.
Send us the document you've been asked to sign and let us know when you need the advice. We'll let you know whether we can help, what we need from you and the cost before you go any further.
What is independent legal advice?
Independent legal advice means getting advice from a solicitor who is acting for you rather than for the lender, company, family member or anyone else involved in the transaction.
We'll look at the document from your point of view and explain:
- what you're agreeing to
- what your responsibilities will be
- the important risks and consequences
- anything you may want to question or clarify before signing.
We'll also need to make sure that we can act independently, that there are no conflicts of interest and that you understand the advice you're being given.
Depending on the circumstances, we'll need to speak with you privately and carry out identity and other checks before we can provide the advice or sign any certificate.
Most importantly, the decision to sign is yours. We're here to help you make that decision with a clear understanding of what you're agreeing to.
When might you need independent legal advice?
Personal guarantees
You may have been asked to personally guarantee someone else's or a business's debts or obligations. We'll explain what that could mean for you and the risks involved.
Legal charges
Where a lender or another party is taking security over a property you own.
Third-party legal charges
For example, where your property is being offered as security for borrowing or obligations belonging to someone else.
Debentures
Advice for directors or others who are being asked to provide security over a company's assets.
Joint borrower, sole proprietor mortgages
Where you will be responsible for the mortgage but won't be registered as an owner of the property.
Deeds of subordination
Where an agreement changes the order in which debts or security interests will be repaid or enforced.
Occupier's consent forms
Where you're living at a property and are being asked to give up or postpone certain rights in favour of a mortgage lender.
ID verification (ID1/ID5)
Identity verification in connection with the relevant HM Land Registry forms and transactions.
Statutory declarations
Help with declarations that need to be formally made and witnessed or sworn before an authorised person.
Loan agreements
Advice on the main terms of a loan, including repayment obligations, what happens if things go wrong, security and other important risks.
Director guarantees
Independent advice for directors being asked to take personal responsibility for a company's obligations.
This isn't an exhaustive list. If you've been asked to obtain independent legal advice about a document that isn't listed here, get in touch and we'll let you know whether we can help.
Our independent legal advice service is limited to matters governed by the law of England and Wales. Whether we can act will also depend on the document, the people involved, any potential conflict of interest and the circumstances of your matter.
How does it work?
Get in touch and let us know what you've been asked to sign, who has asked you to obtain independent legal advice and when you need it. We'll carry out some initial checks and let you know whether we can consider the matter.
Once we've checked that we can act, we'll explain what we need from you, what the advice will cover and how much it will cost.
We'll need the complete, final version of the document you're being asked to sign, along with any relevant instructions or requirements you've been given. We'll also need to complete the necessary identity and other checks.
You'll meet with your solicitor privately, either remotely or in person, depending on the circumstances and the requirements of the matter. We'll talk you through the document, explain the important points and answer your questions.
Once you've had the advice, the decision is yours. If you decide to go ahead and we've satisfied the relevant requirements, we'll complete any agreed certificate or confirmation. If you don't want to sign, that's your decision too.
Advice that's focused on you
Independent
Straightforward
Private
No pressure
Clear about what's included
Frequently asked questions
If another person or organisation is asking you to sign a document that benefits them, you need advice from someone who is looking at the situation from your point of view.
Independent advice gives you the opportunity to understand what you're agreeing to, ask questions and consider the risks without your solicitor also acting for the other party.
Need independent legal advice?
If you've been asked to obtain independent legal advice, send us the document and tell us when you need the advice.
We'll take a look, let you know whether we can help and explain what happens next.
Fancy a chat?
*Privacy Policy
