Independent Lawyer or Agency Lawyer: What Is the Difference?

Ask who the lawyer represents

A lawyer may represent the agency, the intended parents, another participant or a limited transaction role. A coordinator may also use the word legal for administrative document support that is not representation. Request an engagement letter naming the client, responsible lawyer, relevant entity, start date, scope, fees or payment arrangement, confidentiality and termination process before relying on advice.

Third-party payment does not necessarily decide client identity, but it can create practical questions that should be disclosed and managed. Ask whether the agency receives reports, selects counsel, limits the work, controls payment or can end the appointment. Confirm what information remains confidential and what may be shared with the person paying or coordinating.

Compare the scope of legal work

Provider-arranged legal support may focus on standard documents, filings or coordination necessary for the program. Independent counsel can be instructed to test whether the proposed structure serves the intended parents’ interests, compare alternatives, negotiate terms, advise against proceeding or coordinate foreign advice. Neither description should be assumed; read the actual engagement and work product.

Ask who covers each jurisdiction and subject. A Georgian lawyer may advise on Georgian contracts and procedure but not be qualified to conclude nationality, immigration, foreign recognition or tax questions. A foreign lawyer may depend on accurate Georgian source documents and advice. Clinical treatment remains outside both lawyers’ roles and belongs to healthcare professionals.

Understand conflicts and shared interests

At the start, the agency and intended parents may share a goal of progressing the journey. Their legal and commercial interests can still differ over price, scope, refunds, records, participant replacement, delay, breach or dispute. The Georgian Law on Lawyers addresses independence and conflicts of interest, including relationships that threaten the client’s interests or the lawyer’s independence. The particular professional obligations and facts require direct confirmation.

Ask counsel to explain current and potential conflicts and what happens if one arises. A consent to limited shared information is not a blanket waiver of future loyalty or confidentiality concerns. If the lawyer already advises the provider on the same transaction, the intended parents may need separate counsel before accepting advice, waiving a concern or signing a document.

Know when separate advice is valuable

Separate advice is particularly useful before signing a package or participant agreement, paying substantial sums, accepting a waiver or conflict consent, relying on a provider’s interpretation, moving treatment forward with unresolved records, or responding to a dispute. It allows candid discussion of risk appetite, alternatives, negotiation and whether the intended parents should pause.

Independence does not mean hostility to the agency. Well-scoped counsel can clarify duties, reduce inconsistent expectations and coordinate documents efficiently. The intended parents should still understand evidence limits: a lawyer cannot certify every provider statement, guarantee treatment or authority outcomes, or replace destination-country and clinical advice.

• Ask for advice before the irreversible step, not only after conflict.
• Provide all related documents, not a selected clause.
• Disclose the countries and participant structure relevant to scope.
• Confirm who will negotiate and who will only explain.
• Keep the final signed version and advice record securely.

Official sources and legal limits

The following primary sources informed this guide. Official English translations and service pages are useful orientation, but current Georgian text, implementing rules, authority practice and the particular facts should be checked before individual advice is given.