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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 03-27-2014, 11:46 AM
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Quote:
Originally Posted by HammerDad View Post
Huh???

I'm not sure you understand what ILA is.

It is simply having another lawyer from another firm, provide advice to a party.

Example.

A retains a lawyer to prepare a separation agreement for A and B. They come to terms on the agreement, but then B goes to another lawyer (and will likely have to pay that lawyer) for that lawyer to review the agreement, advise of any concerns they may have. And then, once that lawyer has let B know what they think, and B can now either sign or back out (as they could have before as well without ILA). The lawyer B retained for the purposes of independent legal advice, would then give provide a certificate that B indeed received ILA from them.

But it is almost always paid for. Not many lawyers I know would ever spend the time to review an agreement and give advice/opinions on the terms without being paid.
I believe what Serene was getting at was, if the OP pays for the ex's lawyer it isn't considered ILA because technically the lawyer will be working for the one who pays the bill.

I don't know the right answer to this, but in my opinion I wouldn't trust it. What is stopping someone from talking to the lawyer and basically paying them off to tell their ex the agreement is good and to sign off ILA? If the OP was paying the ex SS or something and that was used by the ex to get ILA, I think that may be different than the OP simply paying for ILA.
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  #12 (permalink)  
Old 03-27-2014, 12:12 PM
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Quote:
Originally Posted by Berner_Faith View Post
I believe what Serene was getting at was, if the OP pays for the ex's lawyer it isn't considered ILA because technically the lawyer will be working for the one who pays the bill.

I don't know the right answer to this, but in my opinion I wouldn't trust it. What is stopping someone from talking to the lawyer and basically paying them off to tell their ex the agreement is good and to sign off ILA? If the OP was paying the ex SS or something and that was used by the ex to get ILA, I think that may be different than the OP simply paying for ILA.
Ethics and the possibility of punishment by the law society.

IMO, the possibility of sanctions, suspension or being disbarred isn't worth the few hundred dollars one may receive to provide bad advice.
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