Independent Legal Advice

Independent Legal Advice: When Is It Required?

A concise guide to guarantees, occupier waivers and other situations where independent legal advice may be needed.

By Fortiori Law Editorial Team | Published 2026-05-30 | Updated 2026-06-27 | 3 min read

The purpose is informed consent

Independent legal advice is typically required where a person is being asked to enter into a document with serious legal consequences and a third party wants confirmation that they understand it.

The advice must be truly independent

The solicitor’s role is not to advance the transaction for every party. The purpose is to advise the person receiving the advice independently and directly.

Preparation helps the appointment run smoothly

Clients should bring the full document set, identification and any wording or certificate requirements supplied by the lender or organisation requesting the advice.