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How Do I Get A Free Lawyer For A Family Court?

You may be disappointed if you fail, but you are doomed if you don't try.– Beverly Sills

Lawyers are the foot soldiers of our constitution. The preamble of the Indian constitution basically aims to secure the people of India justice by socio-economic or political. Article 38(1) avows that the state shall promote the welfare of people by securing and protecting the social order including justice.

Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all. In every State, a State Legal Services Authority, and in every High Court, a High Court Legal Services Committee has been constituted. - Equality and justice are synonymous; to be just is to be equal, to be unjust is to be unequal.

Lawyers are the virtuous companions who help us in our problematic situation and try their best to get out of those emergencies. Everything you say to your lawyer is confidential, which means that it is not shared with anyone outside of that premises. Since everything you say to your lawyer is confidential, tell your lawyer the truth. Your lawyer can help you best when you tell your lawyer the truth. They generally charge a fee for the work that they do, but sometimes advice is offered freely, which is called pro bono, meaning for the public good. Also in many countries, if a person is accused of a crime and unable to pay for a lawyer, the government will pay a lawyer to represent them using tax money.

The good lawyer is not the man who has an eye to every side and angle of contingency, and qualifies all his qualifications, but who throws himself on your part so heartily, that he can get you out of a scrape.- Ralph Waldo Emerson

Family law encompasses domestic issues from divorce to child custody. The specifies of the law will vary depending on the situation, but generally, the aim is to protect the right of each and every individual. For instance, divorce will address how the property will be distributed and who will pay spousal support when the married couple is separated while child custody law will define who is in the best interest of the child after separation of a married couple.

So, the most important thing arises that how to get a free lawyer in family law cases for those who aren’t strong in financial terms. Finding a lawyer is never tough work, the main thing is that to find an enthusiastic and bighearted lawyer for those who don’t have enough access in knowledge and financial terms. While no legal expert will suggest representing yourself, it is an option if you're in a financial bind.

If there is one industry where clarity matters most, it might just be the legal field. Perhaps no one understands the importance of nuance in words and phrasings like lawyers and attorneys. The article had its genesis to better understand the basis for how to get a lawyer.

A few days back, I was searching on family law only and I found a story of a woman who was violated by her husband who remarried without divorcing her. She was a domestic worker living in a Mumbai slum, she earned barely Rs 3,000 a month and had no means of hiring a lawyer. A women’s rights group led her to the Mumbai District Legal Aid Services, which is mandated to provide free legal assistance to people from marginalized communities. - I was supposed to get a lawyer for free, said Mumtaz, (victim)

She was joined at the five-hour hearing by nearly 50 other women. From their testimonies, it emerged that problems with legal aid services and lawyers were the biggest hurdles to securing justice that complainants of domestic violence faced, alongside harassment at police stations and problems with protection officers.

Free legal aid for socially and economically vulnerable people was introduced across India in 1995 when the Legal Services Authorities Act came into force. The law is aimed at ensuring justice for all on the basis of equal opportunity, and one of its key provisions mandates offering free services of lawyers who volunteer their time for pro bono cases to those who cannot afford to pay. Mostly legal aid deals with the cases of

Domestic violence, Family law, Housing. Each legal aid office has its own rules about who qualifies for its services.

However, the Legal Services Authorities Act has become yet another example of a social justice law that is well-intentioned on paper but riddled with problems on the ground. From daunting procedures that deter lawyers from taking up free cases to corruption, lawyers and social workers pointed out, legal aid is far from being ideally implemented.

But only those are eligible for free legal aid if they fulfill the criteria under section 12(h) of Legal Service Authority Act, 1987. It states Persons who satisfy all or any of the criteria specified in Section 12 shall be entitled to receive legal services provided that the concerned Authority is satisfied that such person has a prima-facie case to prosecute or to defend.
In the case of Hussainara Khatoon vs. State of Bihar1, it was held that if an accused is not able to afford legal service then he has the right to free legal aid at the cost of the state.

Also, if the accused does not have sufficient means to engage a lawyer, the court must provide one for the defense of the accused at the expense of the state.
# (Section-304 of Code of Criminal Procedure,1973)

Now, in case of the battle for child custody, it can be an overwhelming and frightening experience. Even more so if money is tight. However, even if your finances can't support expensive legal representation, affordable options are available, and for some people, free lawyers for child custody cases may be one of them.

According to the American Bar Association (ABA), affordable legal representation and support may be possible through your nearest legal aid office, which are not-for-profit agencies that, to those who meet the income requirement, offer financial support toward legal problems. In this case, also you can seek pro bono support at a legal aid office, where a lawyer will voluntarily agree to take on your case for free.

Legal fees in a child custody matter can be extremely expensive. An attorney will expect to be paid hourly and will likely also require a significant retainer to support your case. Parents who cannot afford a private attorney can move for pro bono support or legal aid services.

Also, while selecting an attorney, it is extremely important that you are comfortable working with them. Due to the nature of pro bono services, some parents might think about compromising their own ideas and strategy for the custody matter in favor of the attorney's free services. So, in that case you do have the option to decline a lawyer's representation and requesting new representation may prolong your case. "In most child custody cases, clients are not entitled to free legal representation, so they may not get a new lawyer or may need to wait. Also, lawyers are typically required to go through a formal process of withdrawing, which may take some time and require a judge's approval.

Lawyers are obligated to give clients honest, correct advice up until their representation has formally ended, including help transferring cases to new lawyers.

The most efficient way to request a different lawyer is to go back to the agency or organization that helped you obtain pro bono services or if your lawyer was appointed by the court, to make the request through the court. However, that "lawyers are obligated to give clients honest, correct advice up until their representation has formally ended, including help transferring cases to new lawyers.

So altogether if you are a penurious person dealing with the case of family law with lack of knowledge and financial terms, you can seek the support of either Legal Aid Authority or pro bono lawyers and if the person is not satisfied with the application of pro bono lawyers or if they are comprising their own ideas and strategies then, in that case, they have the option to decline a lawyer's representation and requesting new representation may prolong your case.

My college has its own free Legal Aid Cell, in which all the students are given training for free legal aid courses. Certain students are made as clients and some are legal aid advocates, who solve their clients’ disputes and request the honorable judge to deliver their client justice. This is a golden opportunity for the future budding lawyers.

It is often said that those who help others, without any money and with full dedication; are known as GOD. But, I believe that each and every advocate who is especially legal- aid advocates are GOD for all the poor and needy clients.

Award Winning Article Is Written By: Ms.Supriya Goel
Awarded certificate of Excellence
Authentication No: MA34001305820-12-0521

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