Can independent legal advice be given by video?

Why this question comes up

In Royal Bank of Scotland v Etridge, the House of Lords described the solicitor’s advice as being given at a face-to-face meeting. Before 2020, most lenders took that to mean an in-person meeting. During the pandemic, lenders and solicitors moved to video, and many lenders have kept accepting it.

What lenders usually require for video advice

• a live video call, not just a phone call
• identity checks, with the original ID shown on camera and copies sent
• confirmation that you’re alone, sometimes by showing the room
• a stable connection so the solicitor can see and hear you clearly throughout
• a note in the certificate that advice was given by video, if the lender’s form asks for it

The solicitor will stop the call if someone else comes in, or if they can’t be sure you’re speaking freely.

When face-to-face is still needed

Some lenders, especially for larger business loans or vulnerable clients, still require the solicitor to meet you in person. Your lender’s instructions to the advising solicitor, or your broker, should tell you. If face-to-face is required, we can arrange it in London.

Advice by video, signing in person

Getting advice by video is different from signing by video. Many documents, including legal charges and most guarantees, are deeds. In England and Wales a deed must be signed in the presence of a witness, and the accepted view is that the witness must be physically present. HM Land Registry doesn’t accept video witnessing for documents it registers.

In practice, you can usually receive the advice by video and then sign in front of a suitable independent adult witness. Your solicitor will explain who can act as a witness and how to return the documents. Some lenders require a solicitor to be the witness.

Benefits of video advice

• same-day appointments are much easier to arrange
• no travel, and appointments outside office hours are possible
• works for clients overseas or in different parts of the UK
• documents can be shared on screen and discussed page by page

Tips for your video appointment

• Use a laptop or tablet if you can, with the camera at eye level.
• Find a quiet, private room and close the door.
• Have your ID and the documents in front of you.
• Check your connection beforehand.