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
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
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
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
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 Bihar
1, 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
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
Authentication No: MA34001305820-12-0521