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The following are resources that may be helpful in answering your enquiry. Please familiarize yourself with them before moving on.
In brief: While ILA is required in certain circumstances when a lawyer does business with a client, lawyers are often retained to provide ILA to a client for other reasons. The model independent legal advice checklist below provides guidance for lawyers on how to navigate giving ILA.
Code - Independent legal advice: BC Code rules 3.4-27 and 3.4-28.
Code - Certificate of independent legal advice: BC Code rules 3.4-32 and 3.4-33.
Practice Resource - Model independent legal advice checklist
Practice Resource - Model independent legal advice checklist, annotated with risk management tips from the Lawyers Indemnity Fund.
More guidance on independent legal advice can be found in LIF’s article, Giving Independent Legal Advice? Stop. Read This First.
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