Does Independent Legal Advice Have to Be Face to Face?

Is there a rule that the advice must be in person?

No statute says independent legal advice must be given in the same room. What the law and lenders care about is the substance: the adviser must be independent of the other parties, the advice must cover the nature and effect of the document and the risks you are taking on, and you must have a real chance to ask questions and to decide freely. Whether a video appointment is enough for your document is up to your lender, and its instructions to your conveyancer will say if it wants something different.

What the Etridge case said about face-to-face meetings

The leading case, Royal Bank of Scotland v Etridge (No 2) [2001] UKHL 44, was decided in 2001. In paragraph 66 Lord Nicholls said: "The solicitor's discussion with the wife should take place at a face-to-face meeting, in the absence of the husband." Of the solicitor's task he added: "It is not a formality." The point of the meeting is privacy and a real conversation: the person signing is advised alone, away from whoever benefits from the loan, in plain language, and the solicitor satisfies themselves that the decision is genuinely theirs.

Video calls were not an option in 2001. Today many lenders accept a private video meeting as serving the same purpose, as long as it really is private: you take the call on your own, and nobody from the transaction is on it. If your lender wants the advice given in person, its instructions will say so.

How a video appointment keeps the conversation private

• You take the call on your own, from a quiet room. The person whose borrowing you are supporting is not on the call.
• Your identity is checked face to camera against the photo ID you uploaded before the appointment.
• Your witness, if you need one, joins only at the end, for the signing, after the advice has been given to you privately.
• You can ask anything and decide not to sign. The solicitor acts for you alone and has no interest in whether the transaction completes.

What still needs a witness or a wet-ink signature

The advice can be given by video, but the document you are signing may have formalities of its own:

• Deeds need a witness who is physically present. Many guarantees, charges and consent forms are signed as deeds, and a deed must be signed in the presence of a witness (section 1 of the Law of Property (Miscellaneous Provisions) Act 1989). HM Land Registry's guidance is that the witness must be physically with you, even if you both sign electronically (practice guide 8). Your witness should be an independent adult, not the other party, a relative, your broker or your solicitor, and joins you on camera for the signing at the end.
• Some lenders want a wet-ink original. If yours does, the advice still happens by video, and you post the signed document to us and we countersign it and return it.
• Some lenders use their own certificate form. Send it to us before the appointment and we complete it at no extra cost.
• Documents for use abroad sometimes need notarising, which is a separate service from independent legal advice.

Three questions for your conveyancer, asked early, prevent most delays: does the lender accept a standard ILA certificate or need its own form; does it need wet-ink originals, and of which documents; and is the document signed as a deed, so you need a witness with you? If you are unsure which applies to you, get in touch and we will tell you before you pay anything.

How a video ILA appointment works

1. Book online: choose a time that suits you, Monday to Friday, 9am to 7pm.
2. Verify your ID: you upload photo ID securely before the appointment, so no time is wasted on the day.
3. Join the video call: a private, secure call with your solicitor, 30 minutes per person. The solicitor explains the document and the risks, and answers your questions. No one else from the transaction is on the call.
4. Receive your certificate: signed and emailed to you (and your solicitor or lender if you wish) the same working day.

How is my identity verified remotely?

Before the appointment you upload a photo of your passport or driving licence through a secure link. On the call, the solicitor confirms you are the same person, face to camera. This mirrors the identity checks used across the UK conveyancing market for remote transactions.

Why choose video ILA?

• Speed: an appointment from two days ahead on Standard, the next day on Fast Track if you book before 6pm, or the earliest available slot, including today, on Priority Same-Day. Your certificate is emailed the same working day whichever option you choose.
• Convenience: join from home or work, anywhere in the UK.
• Fixed fees: Standard £150, Fast Track £250 and Priority Same-Day £350 per person, for matters up to £2,000,000 (a transfer of equity is £500, £750 or £950 per person). Full details are on our pricing page.
• Certainty: a clear certificate your solicitor or lender can rely on, delivered the same working day as your appointment.

Ready to get your certificate?

Whether you need advice on an occupier consent, a personal guarantee, a transfer of equity or a less common document, a video appointment is usually the quickest route, and if your document does not fit a standard category, our other documents service covers it. Our page on the independent legal advice certificate explains what you will receive. You can book your appointment online in a few minutes, verify your ID from your phone, and have your signed certificate in your inbox the same working day. Nothing on this page is legal advice: that is exactly what your booked appointment is for.