18 Apr 2017
Independent Legal Advice – Do You Know Who Can Give It To You?
First off, I’m sure some are saying what is Independent Legal Advice? ILA is just as it sounds – the need to seek independent legal advice. At Dominion Lending Centres, we always suggest that clients get ILA.
Many times especially, in private deals and builder mortgages, you will see that there is only one lawyer working for both parties. This means that the lawyer at some point must say to one of them, please be advised that should there be an issue with this file that I represent client A. Client B should then be aware that if he wants to make sure that he is being protected that he talk to another lawyer.
What is the difference between a Lawyer a Paralegal and a Notary Public?
First let’s look at the difference, first off, a lawyer is able to deal in all things pertaining to the laws of Canada in the province in which they are licensed. In real estate, they can do all the necessary steps including assisting a client in writing a real estate contract to representing them in court.
Paralegals do independent legal work under the general supervision of lawyers and that is the key difference, they can assist in just about every process that a lawyer might find themselves involved with but they are there to assist and not give legal advice.
BC Notaries are governed by the Notaries Act of BC and the discipline of their professional society. Today, the position of Notary as a member of one of the branches of the legal profession is sanctioned and safeguarded by law. BC Notaries are unique in North America, providing non-contentious legal services to the public. The definition of non-contentious is that it is legal work that relates to transactions occurring between one or more parties ie real estate. They are insured as we have learned lately from the case in BC but they cannot represent you in court as a lawyer would.
As you can see while there are several people who look like they can give Independent Legal Advice in the end only a lawyer can actually do that for you.