Taking Legal Advice
Quite often, before signing legal paperwork, people are asked to obtain legal advice.
Sometimes lawyers say it is against their client’s interests to sign that paperwork.
Some people’s choice to go ahead against legal advice can be influenced by factors they believe outweigh any legal issues – for example:
- expectation of direct or indirect commercial gain (i.e. willingness to take risks)
- affection for family or friends involved
- moral or ethical considerations
There are a host of other similar possible factors.
Apart from actually giving legal advice, another reason why people are directed to involve lawyers is for legal professionals to measure whether the non-legal factors influencing people’s choices are “undue” – which means unlawful or improper – or not.
If you produce legal documents whilst under illegitimate pressure to do so, then that paperwork might later be open to challenge based on those influences on you – which introduces uncertainty and possible costs. Therefore, when initiating the production of legal forms it may be wise (or even required) to get lawyers involved in assessing the fitness of the circumstances.
This is why, when Mounteney lawyers advise you, we may also ask you about what influences you to take part in the arrangement at all. From what you tell us, and/or other circumstances of which we may be aware, if we form the view that the conditions of your participation go beyond what’s legal, then we wouldn’t be able to give any form we might be expected to produce; we won’t be able to say why, but other actors in that scenario might speculate about what you’ve told us to make us back-out, and they might assume (without us actually saying so) that you have told us about excessive pressures on you – and it’s possible they might respond negatively toward you about that understanding.
Giving legal advice is different to merely witnessing a signature – see https://www.mounteney.com/finance-services/witnessing-documents/ for details of what is involved in witnessing a signature. Solicitors are often asked to witness signatures because professionals are taken to understand precisely what is entailed in such a witnessing (which lay-witnesses do not always appreciate).
Mounteney Solicitor’s legal advice certification service is outlined here: https://www.mounteney.com/finance-services/certificate-of-independent-legal-advice/
To help us assess the influences on you we may ask you to complete this questionnaire:
| A. What is your relationship to the other participants in this scenario (Your relative? beneficiary? attorney?) | |
| B. Are any of these individuals dependent on you? | |
| C. Are you dependent on any of these individuals? | |
| D. If there is any business involved:
i. What is your day to day involvement in the business? ii. Have you already invested in it? iii. Do you have any existing or future expectations to enjoy any profits the business might generate? iv. How likely do you think it is that the business will actually be able to generate profits? |
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| E. If the other participants were to assume that you had refused to proceed, think about what the consequences on you could be – use the following scale:
0 no consequences at all – e.g. my refusal would not even be mentioned 2 minor negativity – e.g. my refusal might be queried, but not cause any serious arguments; 4 unpleasant negativity, but nothing fearful or distressing – e.g. there might be serious arguments; 6 I fear distressing negativity – e.g. relationships might break-down; I might be estranged or excluded 8 I fear some force could be applied – e.g. I might be pushed around, locked in my room, denied things like food etc. 10 I know force would be applied – e.g. I would be pushed around, locked in my room, denied things, etc. What number on this scale would you expect, if you don’t proceed? |