Also known as: independent legal counsels · independent counsel
Written by attorneys · grounded in primary & secondary sources — see below
An attorney retained to advise a party on a transaction or dispute without any conflict arising from representation of another party to the matter or from prior involvement in the representation.
Select any source to read its text and confirm it supports the definition.
Liam proposed financing Drake's sports academy in exchange for profits while still representing Drake on a team contract. Drake signed the financing papers without any separate lawyer reviewing them. The arrangement exposed Liam to discipline because Drake never received written advice about consulting independent legal counsel or a chance to do so.
A lawyer entered a business deal with a client without first advising the client in writing of the need to consult independent legal counsel. The client later claimed the transaction was unfair. The lawyer faced discipline for failing to provide the required written notice and opportunity to obtain separate counsel.
Barbara sent Karen a settlement package offering payment for a release of claims after the representation ended. The cover letter mentioned only that Karen might wish to seek advice and gave her three days to respond. Karen signed without counsel, leaving Barbara subject to discipline for failing to advise Karen in writing of the desirability of independent legal counsel or to allow reasonable time to obtain it.
An attorney missed a statute of limitations, paid the client personally to hide the error, and never told the client about a possible malpractice claim or the need for separate counsel. The attorney's concealment and failure to recommend independent legal counsel amounted to serious misconduct warranting discipline beyond simple negligence.
A lawyer proposed a fee agreement that created a conflict with an existing client. The client signed without receiving written notice of the right to seek independent legal counsel. The lawyer was disciplined for violating the requirement to advise the client in writing and allow time to obtain separate representation.
An attorney settled a malpractice claim with a former client without advising the client in writing about consulting independent legal counsel. The former client later challenged the settlement. The attorney faced discipline for failing to give the required written notice and reasonable opportunity to seek separate counsel.
A lawyer entering a business transaction with a client must advise the client in writing of the desirability of seeking independent legal counsel and give the client a reasonable opportunity to do so. The same requirement applies when settling a malpractice claim with an unrepresented former client.
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…(1974) violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment.[^maj-3] The District Court appointed independent counsel for the foster children to forestall any possibility of conflict between their interests and the interests asserted by the foster parents.[^maj-4] A group of natural mothers of children in…
…merit in a contention raised by appellant that the agreement should be declared void on the ground that she did not consult with independent legal counsel
…comment to the Uniform Act, the commissioners stated: “Nothing in [the enforcement section] makes the absence of assistance of independent legal counsel
…of a palimony agreement only when “the agreement has been reduced to writing and the parties have each had the benefit of independent counsel
No. Even sophisticated clients must receive written advice about independent counsel and a reasonable opportunity to obtain it. Business experience does not substitute for the required procedural safeguards.
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The lawyer is subject to discipline. The rule requires written advice of the desirability of independent counsel plus a reasonable opportunity to seek it. A vague suggestion or short deadline does not satisfy the obligation.
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Absence of independent counsel is a factor courts consider when assessing voluntariness. Some statutes treat lack of independent counsel, combined with inadequate notice or time, as grounds for finding the agreement unenforceable.
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No. The statute requires representation of the surrogate's own choice. A lawyer serving on the intended parents' gallery board creates a conflict that prevents the representation from qualifying as independent even if written notice of the right to separate counsel was given.
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