Empowering Clients Through Informed Legal Decisions
At O’Beth Law, we believe that every signature should follow full understanding.
Independent Legal Advice (ILA) is one of the most important safeguards available in the legal system. It ensures that any individual entering into a binding agreement or making a major legal decision does so freely, voluntarily, and with a full appreciation of their rights and obligations.
Our ILA services help individuals, families, and professionals navigate critical moments with confidence — whether you are signing a plea agreement, an immigration undertaking, or a real estate transfer. We provide a safe, confidential environment where you can ask questions, receive objective legal guidance, and make decisions that protect your long-term interests.
1. The Purpose of Independent Legal Advice
Independent Legal Advice (ILA) is more than a procedural formality — it is a legal protection designed to:
- Ensure informed consent: Confirm that the person signing an agreement understands its terms, consequences, and alternatives.
- Prevent undue influence or coercion: Verify that the decision is being made voluntarily and without external pressure.
- Protect fairness and enforceability: Strengthen the validity of agreements by confirming that both parties acted independently and with full awareness.
- Demonstrate professional integrity: Provide written certification that independent counsel explained the agreement and that the client understood its effect before signing.
A Certificate of ILA is often required by banks, lenders, courts, the Crown, or immigration authorities to confirm that an individual received independent, conflict-free legal advice before executing a legally binding document.
2. Our ILA Services Across Practice Areas
At O’Beth Law, we deliver independent legal advice across multiple domains of practice — each requiring tailored expertise and sensitivity.
A. Criminal Law
Criminal proceedings can involve life-changing decisions that must never be made under misunderstanding or pressure.
We provide ILA to help accused persons understand their rights, the impact of agreements, and the long-term legal implications of their choices.
Our criminal ILA services include:
- Plea agreements and sentencing deals: Explaining the full implications of pleading guilty, including sentencing ranges, record consequences, and collateral effects (e.g. employment, travel, or immigration).
- Peace bonds, recognizances, or undertakings: Clarifying behavioural restrictions, no-contact orders, and the impact of breaches.
- Bail or release conditions: Ensuring you understand your release obligations and potential consequences of non-compliance.
- Alternative measures or diversion programs: Explaining eligibility, requirements, and the legal effect of completing diversion programs.
- Cross-border and immigration implications: Advising non-citizens on how criminal pleas or convictions can affect immigration status, admissibility, or future applications.
We ensure that every client understands not just what they are signing, but what it truly means for their life and future.
B. Immigration Law
Immigration processes often involve signing legally binding undertakings, waivers, or consent forms that can have long-lasting effects on your legal status and family obligations. At O’Beth Law, we help individuals and sponsors navigate these commitments responsibly and with full comprehension.
Our immigration-related ILA services cover:
- Sponsorship undertakings: Explaining the sponsor’s financial and legal responsibilities, duration of the undertaking, and potential consequences for default.
- Settlement, withdrawal, or consent agreements: Ensuring you understand the legal and procedural impact of withdrawing applications or consenting to certain outcomes.
- Voluntary departure and removal agreements: Advising on the immigration and re-entry consequences of voluntary departure or removal consent.
- Representation and authorization forms: Confirming your understanding of representative authority, confidentiality, and procedural responsibilities.
- Protected person and refugee documentation: Reviewing undertakings, appeal withdrawals, or PR applications following a positive refugee claim.
We also advise on judicial review settlements, ensuring claimants understand the finality and implications of withdrawing Federal Court actions or consenting to IRCC reconsideration.
C. Residential Real Estate
Real estate transactions often involve complex financing, transfers of title, and co-ownership arrangements.
Lenders, spouses, and family members frequently require ILA to confirm that all parties understand the transaction and that no one is being coerced.
Our real estate ILA services include:
- Mortgage and refinancing documents: Explaining lender obligations, default clauses, personal liability, and mortgage enforcement rights.
- Guarantor and co-borrower agreements: Advising guarantors or non-titled spouses about the risks of guaranteeing another person’s debt or encumbering shared property.
- Title transfers and family conveyances: Clarifying ownership rights, potential tax consequences, and legal risks when transferring property between spouses, family members, or business partners.
- Private lending and second mortgages: Reviewing loan terms, repayment schedules, and remedies in case of default to ensure fairness.
- Separation and matrimonial transfers: Explaining legal effects under Alberta’s Family Property Act, including equitable division, exemptions, and post-transfer obligations.
Our role is to ensure that no one signs under pressure, confusion, or unequal bargaining power — every transaction must be fully understood, transparent, and voluntary.
3. The O’Beth Law ILA Process
Step 1 – Preliminary Review
We begin by reviewing the document or agreement in full, identifying any clauses that may raise legal, financial, or personal risks. We request supporting materials if necessary to understand the broader context.
Step 2 – Private Consultation
You meet with us confidentially, either in person or virtually. We discuss your understanding of the document, the circumstances leading to it, and any concerns about fairness, pressure, or ambiguity.
Step 3 – Detailed Legal Explanation
We explain the agreement in plain, understandable language — covering rights, obligations, potential risks, and alternative options. You’ll know exactly what you’re agreeing to and how it may affect your present and future circumstances.
Step 4 – Confirmation of Understanding and Voluntariness
We ensure you are signing freely and voluntarily. If there is evidence of undue influence or pressure, we will not proceed until you receive appropriate protection or clarification.
Step 5 – Certificate of Independent Legal Advice
After confirming understanding and consent, we witness your signature and prepare a Certificate of Independent Legal Advice, confirming that the advice was provided independently and without conflict of interest.
4. Why Independent Legal Advice Matters
Obtaining ILA is not just best practice — it is often a legal requirement.
Courts, lenders, and regulatory bodies may later refuse to enforce an agreement if there is evidence that a party did not fully understand its terms or acted under pressure.
ILA protects:
- Your rights and interests — by clarifying what you are giving up or assuming.
- The enforceability of your contract — ensuring the document withstands future challenge.
- Your autonomy — by proving your decision was independent and informed.
- The integrity of legal processes — by confirming compliance with fairness and consent standards.
Common scenarios requiring ILA include:
- Loan guarantees or family property transfers
- Separation or cohabitation agreements
- Settlement agreements in criminal or immigration cases
- Powers of attorney or releases of liability
- Sponsorship undertakings or voluntary removal agreements
- Real estate refinancing or mortgage assumption
5. Why Choose O’Beth Law for ILA
- Multidisciplinary Perspective – With experience across criminal, immigration, and real estate law, we identify intersections that other lawyers may overlook (e.g., immigration consequences of criminal pleas or financial exposure from property transfers).
- Impartial and Ethical Service – We act with complete independence, ensuring no conflicts of interest and adherence to Law Society of Alberta guidelines.
- Clarity and Transparency – We explain every provision, no matter how technical, in clear, practical terms so you fully understand before signing.
- Efficiency and Accessibility – We provide same-day or next-day appointments, with virtual or in-person options, to accommodate urgent transactions.
- Respect and Confidentiality – Every client is treated with dignity, empathy, and discretion. We recognize that seeking ILA often occurs during sensitive transitions or negotiations.
- Comprehensive Protection – Our written Certificate of ILA provides tangible proof that you acted with informed consent — protecting you against future legal disputes or challenges.
6. Our Commitment to Clients
At O’Beth Law, Independent Legal Advice is never treated as a formality. It is a professional obligation and a cornerstone of our practice philosophy — ensuring that every client we advise does so with clarity, confidence, and control.
We dedicate the time and attention required to ensure your rights are protected and that your decisions are made from a position of knowledge and empowerment.
Your understanding is your strongest protection — and at O’Beth Law, we make sure you have it before you sign.