Situations involving the elderly, the infirm, the uneducated and unrepresented parties. When sending a party on for independent legal advice, it's not adequate to refer them to an associate or partner. It's best to provide the person with a list of a few names of lawyers practising in the relevant area of law. Various lawyers have written extensively on independent legal advice and how it should be given. They all say that merely asking the client if he or she understands the document in question is not sufficient to satisfy the minimum requirements of independent legal advice.
Language is important.
If the lawyer is not proficient in the language of the client, an interpreter is necessary to ensure the client fully understands the transaction. The interpreter must be a neutral party. A family member should never be asked to interpret during the giving of independent legal advice because the reliability of his or her interpretation can later be called into question. In all cases, regardless of a language barrier, information should be relayed to clients in a simple and understandable manner. Before the document is signed, clients should be able to explain, in their own words, their understanding of the transaction.