Why you have been asked to take it
Independent legal advice is required where someone is taking on an obligation that mainly benefits somebody else. A director guaranteeing a company's borrowing, a partner consenting to a mortgage on a home they live in but do not own, a parent putting up property as security for a child's business — in each case the person signing gets little or nothing directly, and could lose a great deal.
Lenders require it for their own protection. If the person who signed later argues they did not understand, or that they were pressured into it, a certificate from a solicitor who advised them separately makes that argument much harder to run.
That is worth knowing, because it explains the shape of the appointment. The requirement exists to demonstrate that you understood. Everything in the process is designed to make that demonstrable.
Before the appointment
The document is read in advance. An appointment where the solicitor opens the document for the first time in front of you is not worth having, and you should be wary of one offered on that basis.
Two checks happen first. The solicitor confirms your identity, and confirms that they do not act for the lender, the borrower or anyone else connected with the transaction. If they do, they cannot advise you, and that has to be established before anything else.
The requirements set by the lender or the transaction solicitor are also checked at this stage. Some prescribe their own form of certificate, some require a face-to-face meeting, and a few impose conditions on who may give the advice at all. Finding that out after the appointment helps nobody.
The meeting itself
The meeting is held with you alone. This is the part clients most often push back on, usually because it seems unnecessary — the borrower is a spouse, a business partner, someone they trust completely.
It is not a comment on that relationship. Advice given in front of the person who benefits from the document cannot demonstrate that it was given freely, which defeats the object. A solicitor who is willing to hold the meeting with the other party present is not protecting you, and may not be producing a certificate the lender will accept.
What follows is an explanation of what the document does. Not a reading of it, but an explanation: what you are agreeing to, in what circumstances a claim could be made against you, what would be at risk if it were, and what — if anything — you can do to bring the obligation to an end.
Then there is time for questions. This is the part clients under-use. The useful questions are almost always specific: what happens if we separate, what happens if the company fails, what happens if I want to sell, what happens if I die.
Signing and certification
If you decide to proceed, you sign, and the solicitor completes the certificate confirming that independent advice was given.
If you decide not to proceed, the advice is still complete and the fee is still payable, but no certificate is given. A solicitor cannot certify a signature that has not been given, and should not be asked to.
You are entitled to take time to think. If a deadline makes that difficult, say so — it is often more flexible than it appears, and a lender is generally in a worse position if the advice looks rushed.
How long it takes, and what to bring
Most appointments take between thirty and sixty minutes. Complex security packages take longer, and you should be told that before rather than after.
Have the following ready:
- The document you have been asked to sign
- The agreement or facility it relates to
- Any written requirements from the lender or transaction solicitor
- The certificate template, if one has been provided
- Photographic identification and proof of address
- The deadline, and the name of whoever is chasing it
Can it be done remotely?
Often, yes. Remote appointments are routine for many guarantees, subject to identity verification and to the party requiring the advice accepting a remote process.
Not always, though. Occupier consents and some property matters more frequently attract a requirement for a meeting in person. The honest answer is that it depends on the document and on the lender, which is why it is checked before an appointment is fixed rather than promised in advance.
This article is general information. It is not advice on your matter, it cannot take account of your circumstances, and the law changes. If you have been asked to sign something, take advice on the document in front of you.