Independent Legal Advice Solicitors in London
Independent advice and ILA certificates for guarantors, JBSP mortgages, occupier waivers, transfers of equity, equity release and settlement agreements.
Independent legal advice (ILA) is advice from a solicitor who acts only for you, not for the lender, employer, buyer or family member on the other side, so you understand what you are signing and choose to sign freely. Banks, employers and other solicitors often refuse to proceed until an independent solicitor has met you and signed an ILA certificate.
Adam Bernard Solicitors provides independent legal advice from SRA-regulated solicitors at our offices in High Holborn (Central London) and Upton Park (East London), or by video on Zoom, Teams, WhatsApp or Skype. Call 0207 100 2525, 24 hours a day, to book an ILA appointment.
What is independent legal advice?
Independent legal advice is a private meeting in which a solicitor explains the nature, effect and risks of a document to the person signing it, then confirms in writing that the person understood and signed of their own free will. The written confirmation is usually called an ILA certificate.
The solicitor must be independent of the other side. In most property and lending cases that means they cannot act for the borrower whose loan you are supporting, and they cannot be the lender’s solicitor. Your ILA solicitor’s duty is to you alone, even when someone else pays the fee.
Why lenders and employers require ILA
Lenders ask for ILA because of the House of Lords decision in Royal Bank of Scotland v Etridge (No 2) [2001] UKHL 44. The Lords held that where someone puts their home up as security for another person’s debt, the lender must take steps to make sure that person is properly and independently advised. Without that, the charge may be set aside for undue influence.
Following Etridge, an ILA solicitor will normally:
- meet you face to face (in person or by video), without the borrower or other party present
- explain what the documents are and what happens if the borrower defaults, including the risk of losing your home
- explain the amount and length of the liability you are taking on
- make clear that the decision is yours and you can refuse
- confirm you want to go ahead before signing the certificate
For employees, the requirement is statutory. Under section 203 of the Employment Rights Act 1996, a settlement agreement only waives your employment tribunal rights if you received advice from a relevant independent adviser on its terms and effect, and the agreement names that adviser.
When do you need independent legal advice?
You usually need ILA when you sign something that benefits someone else, or that gives up a legal right. The most common situations we advise on are below; each links to our detailed guide.
| Situation | Who needs ILA | Detailed guide |
|---|---|---|
| Joint borrower sole proprietor (JBSP) mortgage | The joint borrower who will not be on the title | JBSP mortgage advice |
| Borrower and proprietor mortgage | Borrowers and proprietors in non-standard ownership structures | Borrower and proprietor mortgages |
| Occupier’s consent or waiver form | Adults over 17 living in a mortgaged property who are not owners | Occupier waiver form |
| Transfer of equity | An owner adding or removing someone from the title, often with a new mortgage | Transfer of equity |
| Equity release | The homeowner, and sometimes adults who live with them | Equity release |
| Personal guarantee or third-party legal charge | A guarantor or a person charging their property for someone else’s loan | Covered below |
| Gifted deposit | A family member gifting money towards a purchase | Covered below |
| Settlement agreement | An employee leaving or settling a dispute | Settlement agreement solicitors |
| Prenuptial or cohabitation agreement | Each partner, separately | Prenuptial agreements · Cohabitation agreements |
Personal guarantees and third-party charges. If you guarantee a relative’s or company’s loan, or charge your home as security for it, you are liable if they do not pay. This is the classic Etridge situation, and lenders will not release funds without your ILA certificate.
Gifted deposits. Many lenders ask the person gifting a deposit to confirm, after advice, that the money is a true gift with no claim on the property. If you want to keep an interest in the home, you need advice before you sign, because a gift letter may give that interest up.
Shared ownership and joint ownership. If you are buying through Shared Ownership or deciding how to own a property jointly, independent advice protects each buyer’s share. Our conveyancing solicitors handle the purchase itself.
How our ILA process works
- Send us the documents. Email the lender’s or other solicitor’s papers, the ILA certificate template and your photo ID.
- We review them before you meet. Your solicitor reads the mortgage, guarantee, waiver or agreement in full.
- Private meeting. We meet you alone, in person or by video, and explain the documents, the risks and your choices in plain English.
- You decide. If you want to proceed, you sign in front of the solicitor. If you are unsure or feel under pressure, we stop.
- Certificate sent. We sign the ILA certificate and send it, with the signed documents, to the lender or other solicitor.
How quickly can you get independent legal advice?
Once we have your documents and ID, the ILA meeting can usually be arranged quickly and the certificate is sent as soon as the meeting ends. Tell us your completion or signing deadline when you call 0207 100 2525, and we will offer the earliest available appointment, including same-day appointments where our diary allows.
Who can give independent legal advice?
For property and lending ILA, lenders almost always require a practising solicitor at a firm independent of the transaction. For settlement agreements, section 203 also accepts a certified trade union official or advice centre worker, but most employers ask for a solicitor and agree to contribute to their fee.
An “independent legal advisor” who is not a regulated solicitor may not be accepted by your lender. All of our ILA work is carried out by solicitors regulated by the Solicitors Regulation Authority.
Independent legal advice near you in London
- Central London: our High Holborn office, close to Chancery Lane and Holborn stations
- East London: our Upton Park office, 25 Barking Road, London E6 1PW
- Anywhere in England and Wales: secure video appointments, with ID checked before the call
Why choose Adam Bernard Solicitors for independent legal advice
- Truly independent. We act only for you and confirm we have no link to the lender, borrower or employer.
- Advice, not a signature service. Etridge requires real advice; we explain the risks and will tell you if we think you should not sign.
- Clear fee, quoted upfront. You know the cost before the appointment.
- 24/7 contact. Call 0207 100 2525 any time to book.
- 15 years, 15,000+ clients. A long-established London firm with SRA-regulated solicitors listed on the Law Society’s Find a Solicitor directory.
Book your independent legal advice appointment
Call 0207 100 2525 or contact us online with your documents and deadline. We will confirm the fee and the first available appointment.
This page is for general information only and does not constitute legal advice.
Frequently Asked Questions
What is an ILA certificate?
An ILA certificate is a signed statement from an independent solicitor confirming they explained a document's nature, effect and risks to you, and that you chose to sign freely. Lenders and other solicitors rely on it before releasing funds or completing.
Can my own conveyancing solicitor give me independent legal advice?
Usually not. Lenders normally require a solicitor who does not act for the borrower or the lender in the same transaction, so that the advice is genuinely independent.
Can I get independent legal advice by video?
Yes. Most lenders accept ILA given by video, provided the solicitor checks your identity and meets you without the other party present. Check your lender's instructions before booking.
Can I get same day independent legal advice?
Often, yes. Send the documents and your ID early in the day and call 0207 100 2525; we will offer the earliest available appointment, including same-day appointments where our diary allows.
Who pays for independent legal advice?
You do in most property cases, although the borrower or family member sometimes pays. For settlement agreements, employers usually contribute to the employee's legal fee. Whoever pays, the solicitor acts only for you.
Is independent legal advice a legal requirement?
For settlement agreements, yes: section 203 of the Employment Rights Act 1996 makes advice from a relevant independent adviser a condition. For guarantees and third-party mortgages, lenders require it to protect their security following Royal Bank of Scotland v Etridge (No 2).
What happens if I decide not to sign?
Nothing is signed and no certificate is issued. Your ILA solicitor will not pressure you either way, and you can take time to think.
Request an ILA Appointment
Our Clients Share Their Success Stories.
Good service 👍 👌 many thanks for the great service you have provided to us. Our visa got approved just within 2 weeks only because of your hardwork and subject matter expertise. I am very thankful to you
For me, it was the attitude towards the job the lawyers displayed. Totally unmatched. I've been in and out of law firms because of the divorce with my wife and other related issues but Adam Bernard Solicitors was it for me guys. The best!
I want to thank Adam Benard team, they really helped me in my process of purchasing a property, their team are listen and respond to their customers fast. I really love your service, thanks alot.
Adam Bernard team helped me to purchase the best property for the best amount of time for the best money i have . i personally love dealing with them and i thank the team for all the efforts they made to make the task better .
