If you’re borrowing money or acting as a guarantor for someone else’s loan, your bank will often ask you to get what’s called a Solicitor’s (Lawyer’s) Certificate – sometimes referred to as an Australian Legal Practitioner’s Certificate.
This is the bank’s way of making sure you’ve received independent legal advice and that you fully understand the loan or guarantee you’re signing. It also shifts the legal responsibility for understanding the agreement onto you as the borrower or guarantor.
At Minerva Law, we can guide you through the process, explain the terms in plain language, and issue the certificate your bank needs so your loan can proceed smoothly.
Turn Around Time
We understand that timing is important when dealing with loan documents.
- Express Service: We can provide your Solicitor’s Certificate within 72 hours (conditions apply and subject to lawyer availability).
- Standard Service: Our usual turnaround time is five working days.
Your advice session will generally take 1–2 hours, depending on the complexity of your matter and the number of documents to be reviewed.
What You’ll Find on This Page
Getting a Solicitor’s Certificate is about much more than simply witnessing your signature. It’s about making sure you understand the loan or guarantee you’re entering into, and that all legal requirements are met.
Here’s how we’ll guide you through the process:
It’s More Than Just Witnessing Your Signature – why our role goes beyond simply watching you sign documents.
How to Get Your Solicitor’s Certificate – Our Simple Process – the clear steps we follow to make it easy for you.
The Approved Legal Forms We Must Use – the official documents required under legal rules.
Verification of Identity – Why It Has to Be Face-to-Face – how and why we confirm your identity in person.
Our Fees – Clear and Upfront Pricing – what you can expect to pay, including any possible extras.
When and Why Lenders Require a Solicitor’s Certificate – common situations where it’s needed.
Solicitor’s Certificates for Bank Loans – What You Need to Know
Under Rule 11 of the Legal Profession Legal Practice (Solicitors) Rules 2015 a lawyer must follow specific requirements when providing advice to a borrower or guarantor. This includes giving proper evidence of the advice provided and charging an appropriate fee when issuing a Solicitor’s (Lawyer’s) Certificate – also known as an Australian Legal Practitioner’s Certificate – for bank loans or guarantees.
It’s More Than Just Witnessing Your Signature
Sometimes lenders will tell you that your documents simply need to be signed “in front of a lawyer.” In reality, this process is about much more than just witnessing your signature.
When you come to Minerva Law for a Solicitor’s Certificate, we don’t just watch you sign – we provide independent legal advice and a written letter explaining the loan or guarantee you’re entering into.
Loan and guarantee documents can be complex, with serious potential consequences if something goes wrong. There’s no such thing as a truly “standard” loan product, so we take the time to:
- Carefully read the fine print
- Explain the terms in plain English
- Make sure you understand your rights, responsibilities, and risks before you sign
This ensures you’re making an informed decision and that we meet our professional obligations to act in your best interests.
How to Get Your Solicitor’s Certificate – Our Simple Process
If you have any questions, please email Send us a message or schedule an obligation free enquiry using the calendly link at the top of this page.
Alternatively, you can use the caluculator below to Calculate the fees and make a service request.
We can then provide your certificate within 48 business hours or less.
The Approved Legal Forms We Must Use
When issuing a Solicitor’s Certificate, we must follow strict legal requirements under the Legal Profession Legal Practice (Solicitors) Rules 2015.
Rule 11.3 states that solicitors must use the official LIV form of solicitor’s certificate. These forms were developed in consultation with the Australian Banking Association (ABA) to ensure consistency and compliance across the profession. https://lplc.com.au/resources/practice-risk-guides/managing-mortgage-risk
The correct form depends on your role in the transaction:
- Law Institute of Victoria Australian Legal Practitioner’s Certificate 1 (Schedule 1) (PDF) Client is the direct borrower or is a security provider referred to in the documents as the borrower.
- Law Institute of Victoria Australian Legal Practitioner’s Certificate 2 (Schedule 2) (PDF) where the client is a third-party guarantor, surety mortgagor or indemnifier for the principal borrower.
- Law Institute of Victoria Certificate by Translator/Interpreter (Schedule 3) (PDF)
- Law Institute of Victoria Form of Acknowledgement given by a Borrower or Surety to the Certifying Australian Legal Practitioner (Schedule 4) (PDF).
Verification of Identity – Why It Has to Be Face-to-Face
When issuing a Solicitor’s Certificate, we are required by law to verify your identity in person. Recent industry notices have not changed this requirement.
This is because:
Rule 11 of the Legal Profession Uniform Legal Practice (Solicitors) Rules 2015 sets out how evidence of legal advice to a borrower or guarantor must be provided.
Rule 11.2 requires us to verify your identity using the VOI Standard in Schedule 8 of the Model Participation Rules, which means a face-to-face identity check.
Rule 11.3 states we must use the approved Law Institute of Victoria (LIV) form of Solicitor’s Certificate, which includes a declaration that VOI was completed in accordance with Rule 11.2.
If VOI can’t be completed in person, we are not permitted to sign the Solicitor’s Certificate.
However, we can still provide legal advice via video conference about your obligations as a borrower or guarantor, and you may sign an acknowledgement confirming you received that advice. In some cases, this may satisfy the lender, but not all lenders accept this alternative.
If a lender insists on a Solicitor’s Certificate without a face-to-face VOI, we will refer them to Rule 11.8, which prohibits any solicitor — including one acting for the lender — from encouraging or assisting another solicitor to breach the Rules. Section 39 of the Uniform Law also makes it an offence for anyone, including a lender, to induce a legal practitioner to breach these obligations.
What you need to bring:
Please email us clear copies of your passport and driver’s licence (both sides) before your appointment. You must also bring the original documents when you attend in person for physical verification.
Our Fees – Clear and Upfront Pricing
At Minerva Law, our fixed fee for preparing and issuing a Solicitor’s Certificate is $600 plus GST for one person. This includes:
Reviewing your loan or guarantee documents
Providing clear, independent legal advice
Completing and signing the approved Solicitor’s Certificate for your lender
Additional fees may apply in certain situations, including:
| Usual fee estimation (one person) |
660 AUD For high risk person: 550 AUD Examples of high-risk situations: - Borrower or guarantor is older than 60 years - If the additional person is older than 60 years - Non-English-speaking background (mother tongue is not English) - Type of relationship (e.g., spouses or parents and children, business partners — due to potential risk of pressure or undue influence) - There is a business trust structure - No direct benefit to the borrower or guarantor |
| Additional person |
330 AUD For high risk additional person: 220 AUD Examples: - If the additional person is older than 60 years - If the mother tongue is not English - Based on the type of relationship (e.g., spouses or parents and children due to potential risk of pressure or undue influence) |
| Additional fee |
220 AUD Applies if there is a trust structure |
| Business trust structure |
330 AUD Must include a trust deed |
| If required to witness documents other than providing the certificate | 110 AUD |
When and Why Lenders Require a Solicitor’s Certificate
There are several situations where your lender may require you to obtain a Solicitor’s Certificate (also known as an Australian Legal Practitioner’s Certificate), including:
Borrowing funds repayable upon your death – For example, certain loans offered to older borrowers that are repaid when the property is sold or upon the borrower’s passing.
Acting as a guarantor – If you are guaranteeing someone else’s loan, the lender will often require proof that you’ve received independent legal advice before signing.
Preventing future disputes – Some guarantors in the past have avoided their obligations by claiming they didn’t understand what they signed or were pressured into signing. To avoid this, lenders increasingly require a formal certificate from an independent lawyer.
These measures are designed to protect all parties by ensuring you understand your obligations and the potential consequences before entering into a loan or guarantee.