Continued From Part-1.
Ques. 16. Can I have one LAC appointed for one of my cases be appointed for all types of my cases ranging from civil, criminal matrimonial or family disputes etc?
Ans: Although there are
different panels for different types of cases having different specialist
advocates representing such types of cases in which they have their expertise,
but we do see on occasions when the secretary concerned, on request of the applicant
or the court, may appoint advocate empanelled with a certain type of cases, to
other types of cases for which he normally isn’t/ wouldn’t be authorised to appear on behalf of DLSA.
Ques. 17. Can I have DLSA Appointed lawyer work along with my privately engaged counsel as a team/ backup?
Ans: No, you cannot. The
thing is, free legal aid is provided to people who are unable to be adequately
represented before a court of law. It is inherently designed to help people in
need for representation get access to a well-qualified legal professional who
can present one’s case before such court of law. It is not meant for people who
already have access to/ can afford a private counsel.
If you hire a private
counsel after you being given free legal aid, the said aid in form of LAC would
be withdrawn automatically as your private counsel files his/her vakalatnama.
Similarly, if you apply and get free legal aid after you have had a private
counsel represent you in a court of law, his/ her vakalatnama shall be
automatically be considered withdrawn with the filing of the appointment letter
of the concerned LAC.
Ques. 18. Can I have a team of DLSA Appointed Lawyers in my case, you know, just to be safe?
Ans: You shouldn’t and
you cannot. You get one LAC for one case/ one party in a case. Government has
set up such bodies and is maintaining advocates and their fees just to be able
to provide better representation to marginalised sections of the society.
Having more than one LAC for one party in one case would mean improper
utilization of the resources by the government in such cases, which is morally
wrong.
Ques. 19. My appointed LAC has called me to his/her office in their first interaction. Do I need to go or is it a trap?
Ans: Any advocate you
appoint, may it be a private counsel or LAC, will need to know the facts and
circumstances of your case. Based on that they will device a strategy for you
case to progress which they will need to first tell you and get approved by you
(the client). For that one must be ready to make more than one visit to an
advocate’s office.
I find it disappointing
and a shame to all our government institutions in the country and the way in
they function when if someone is called to their office, the first thought that
goes in the mind of that person would be to tackle a bribe, or to fall into
some kind of trap wherein they will be forced to shell out money out of their
pockets. It is a disgrace to this governments institutions and proof to
corruption being everywhere.
I only hope that we as
lawyers do maintain the dignity and intent of this institution and follow our
duty as educated individuals and help people without compromising on morals and
ethics.
Ques. 20. Apart from handling court cases, can I also ask my appointed DLSA advocate about other private cases and make them do miscellaneous work for free?
Ans: Completely depends on
the equation you have with your LAC. If are on good terms with your LAC and
your LAC is willing to assist you for free in any other case, they may choose
to do so. However, it is their discretion to assist you and the level of help
they may offer in such a case for which they have not been appointed by the
authority. You cannot force it on them.
They have been appointed
to look after a particular case, and till the point they are properly doing
that your case, it is fine with the authority. Any other favours are
discretionary on their part.
Ques. 21. Will I be stuck with DLSA appointed LAC’s forever after they are appointed?
Ans: You can change your
counsel to a private counsel whenever you feel like. Or alternatively you can
also request to chance your LAC in your case if you are unsatisfied with
his/her services. However, it pertinent to mention here that as soon as a
private counsel is appointed in your case, it will automatically mean that
legal aid is withdrawn from your case.
Ques. 22. If I have a case in lower court, can I get a lawyer from Higher court or Supreme Court DLSAs to represent me in my case in lower court, as I have more trust in them?
Ans: An advocate/ LAC
representing you by way of a subordinate court’s DLSA panel is and must be as
qualified as any other advocate who can represent in a higher court or Supreme
Court. It is possible that they are ordinarily dealing in court cases from the
High Court and Supreme Court on a daily basis. Practicing and appearing in your
case in a subordinate court does not take away those qualifications. Having and
giving respect to your advocate who is working tirelessly on your case and not
needlessly comparing them on scales that do not matter are the key to having a
good relationship with your advocate.
Ques. 23. In what all types of case can DLSA appoint LACs?
Ans: DLSA have panels
pertaining to Civil Cases, Criminal court cases in before court of Magistrate
and in before Court of sessions, Family Court Cases, Consumer Cases, MACT Court
cases and for all other tribunals in Delhi. Depending on what is the nature of
your case, you will get an advocate appointed from the respective panel.
Ques. 24. There must be some hidden charges for this service?
Ans: Nope, it is
absolutely free. All charges and fees of a LAC are covered by the concerned
DLSA in total.
Ques. 25. Where do I have to go to get my DLSA advocate?
Ans: To get a LSA
appointed in your case, one must go the court’s jurisdiction in which the case
needs to be filed or where it is pending. Division has been made on basis of Districts;
hence one should know the district in which their case has jurisdiction to. For
Example, if I have a case pending in Police Station Ranhola, this means that
since the police station is in west district and the cases of this district are
adjudged by Tis Hazari District court, I would need to go to Tis Hazari
District court, to the front office of DLSA West on ground floor of the court,
and ask for legal aid.
Having a front office on
the ground floor of the court complexes of every court premise in Delhi is a
practice that has been taken up a few years back by all DLSA so that the person
looking for does not have to struggle to find legal assistance.
If you are not sure about
what district your case falls in you can contact DLSA helpline number 1516,
15100 or on through e-mail lae-dslsa@gov.in
or visit their website dlsa.org for answers. You can also visit the nearest
court premises to you and go physically ask the jurisdiction of your case.
Ques. 26. I don’t have a case in court but I want assistance of such advocates in police stations when I visit. Is this possible?
Ans: Yes. DLSAs in police
stations in their district also have LSAs on call duty, where one can call on
the given phone number and ask for assistance in the concerned police station. Keep
an eye out for the big purple and white banners affixed on the walls of police
stations by DLSAs concerned the next time you visit your nearest police
station.
Ques. 27. Where can I learn more about DLSA and NALSA?
Ans: To know more about
NALSA, go visit there website nalsa.gov.in or call 011-23382778, 23071450,
23382121 or visit B BLOCK, Ground Floor, Administrative Buildings Complex,
Supreme Court of India, New Delhi-110001
To know more about DLSA
visit their website dlsa.org or call on helpline number 1516(24x7), 15100 or on
through e-mail lae-dslsa@gov.in. DLSA offices are present in all courts and
tribunals across Delhi, hence you can also go visit there in person if you want
to.
Ques. 28. I don’t live in Delhi. Will I also have something similar to DSLSA and DLSA in my respective state?
Ans: Yes, most certainly
there will be an authority working similarly that to DLSA does in Delhi, which
will also go by the name of DLSA (District Legal Services Authority) in that
state, as NALSA, the central authority for providing legal aid has its reach
across the country and it is on a mission to provide free legal aid in all
states throughout India. Contact NALSA for more information.
For example, in Madhya
Pradesh, the body equivalent to that of DSLSA is MPSLSA and it has various
DLSAs (District Legal Services Authority) working in every district, just like
what you see in Delhi.
Ques. 29. How much time does it take to get a DLSA advocate be appointed in my matter? Are we talking in weeks, months or years?
Ans: Actually, if you
have all your documents needed in handy, then we are talking in terms of hours
instead of weeks or months or years. That too, 2-4 hours can be safely assumed
to be the actual time for one to get an advocate appointed in their case.
Ques. 30. I used to have a LAC represent me earlier in my case till I engaged a private counsel. Now I want to remove the private counsel and reengage the LAC. Should I just ask private counsel to withdraw his Vakalatnama and will that automatically reinstate my previous LAC?
Ans: This will not happen automatically. Once legal aid is withdrawn, you have to apply afresh to the concerned DLSA if you want to reengage LAC in your case. Further it is not guaranteed that you will have the same LAC be marked to your case as marked previously. You might have to apply to the concerned secretary of that DLSA with genuine reasons for doing the same.
Hope this has answered most of the relevant questions in the minds of my readers thinking of availing free legal aid. if there are still any questions, you can contact me through the email ID given below, or just leave a comment below this FAQ. I will try to answer as them ASAP.
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Sources/ References :
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Related Blogs:
FAQs on Free Legal Aid Services: Eligibility, Application & More (PART-1)
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