How to get a government lawyer?

128 votes

In India, one can get a government lawyer for representation in his/her case through free legal aid services provided by the Government of India that includes services by a lawyer for a person’s legal issue/ case in any Court in India. Anybody can get free legal aid by the National Legal Services Authority (NALSA), which is an authority under the Central Government that helps the poor and weaker sections of the society with their legal issue.

The first step, in order to seek free legal aid by the Government, is to check whether the person is eligible for free legal aid or not, as per the applicable laws. If the individual is applicable to get free legal aid, he/she is supposed to make an application for the same to the concerned authority. Once the application has been made, the individual will be provided free legal aid if the application is accepted.
 

Who can get a government lawyer through free legal aid?

As per section 12 of the Legal Services Authorities Act, 1987, free legal aid by the Government is provided only to those applicants who fulfill the criteria as given under the said section. The Act has entitled the following persons for free legal aid:

1. Member of Scheduled Caste or Scheduled Tribe;

2. One who has been a victim of human trafficking or is a beggar, as stated under Article 23 of the Indian Constitution;

3. A child or a woman;

4. A person suffering from disability;

5. A person who has been a victim of a mass disaster, flood, drought, earthquake or industrial disaster, ethnic violence or caste atrocity;

6. A person in custody;

7. An industrial workman;

8. If the case is before a Court other than the Supreme Court, a person receiving annual income less than the amount as prescribed by the State Government and in case the matter is before the Supreme Court, a person receiving annual income less than Rs 5 Lakh.
    

How to make an application for a government lawyer?

A person who is eligible as mentioned above and wants to avail legal aid through the Government can make an application for the same. Any applicant can make an application either online or offline. However, sending an application online using the official website of NALSA is the most convenient way to apply for free legal aid. A person applying for free legal aid will be required to fill in the basic details about himself along with the details regarding the legal issue he/she is facing for which there is a requirement of free legal aid. The applicant will also be required to attach with the application documents such as Aadhaar Card or Caste Certificate. One can make the application wither in Hindi or English.
 
One can fill the application form available at the nearest Legal Services Authority and submit the same either physically or via post to the Authority in order to make an offline application. An applicant can also write a simple application to the Authority on a piece of paper stating the necessary details such as name, gender, residential address, the status of employment, whether SC/ST, nationality, income per month and a brief of the legal issue/matter for which the applicant is looking for legal aid. An application can also be made orally to a paralegal volunteer or an officer available at the front offices of the appropriate Legal Services Authority.
 

Where should one approach to get a government lawyer through free legal aid?

Based on the territorial jurisdiction and depending upon the subject matter jurisdiction of the case, one can approach the following appropriate authority:

1. Taluk Legal Services Committee present in the premises of the Court in the Taluk where the applicant wants free legal aid;

2. District Legal Services Authority in the District Court premises in the District Headquarters;

3. The State Legal Services Authority Concerned (for particular cases, panels of which are maintained at the state level);

4. The High Court Legal Services Committee which is in the premises of the High Court where the matter is being tried for which legal aid is required;

5. The Supreme Court Legal Services Committee for cases before the Hon’ble Supreme Court of India.

An application can be moved through the front office provided by each District Legal Services Authority, High Court Legal Services Committee, and State Legal Services Authority. One can also make an application through the online portal or the website of the State Legal Services Authority.

Cases where Applications can be rejected

There are certain cases in which an application for a government lawyer can be rejected. These are:

1. If the applicant is adequately equipped with the means to access justice,
2. If the applicant is not eligible to apply in the first place, or
3. If the application filed by the applicant lacks merits in requiring legal action.

LawRato LawRato

993 votes

In India, every person has a right to legal representation, including criminal cases, under Article 39A of the Constitution of India. If you cannot afford to hire a private lawyer, you can apply for legal aid, which is free legal assistance provided by the government to people who cannot afford legal fees.

If you cannot afford to hire a lawyer for your criminal case, here's how you can appeal for a government-appointed lawyer:

1. Inform the court: When you appear in court for your case, inform the judge or the court about your inability to afford a private lawyer. This will prompt the court to assign a government lawyer to your case.

2. Apply for legal aid: You may need to apply for legal aid to officially request a government-appointed lawyer. Legal aid authorities, such as the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA), are responsible for providing free legal advice on behalf of the government to those in need.

3. Provide necessary documentation: The legal aid authorities may require you to submit certain documents, such as proof of income, residence, and the nature of the case. They will evaluate your eligibility based on these documents.

Regarding the quality of the lawyer provided by the government, it can vary, just like with private lawyers. Government-appointed lawyers are often experienced professionals who handle numerous cases and have a good understanding of the legal system. They are appointed by the government after rigorous screening and selection processes, and they are required to follow certain professional standards. However, the availability and quality of government-appointed lawyers may differ across regions. While some government lawyers may provide excellent representation, others may have a heavy workload and limited resources.

In order to contact your local DLSA which may be able to provide you with the contact or phone number of a government advocate, you can follow these steps:

1. Go to the official website of the National Legal Services Authority (NLSA): https://nalsa.gov.in/

2. Click on "State Legal Services Authority" from the top menu and select your state.

3. On the state page, you will find the contact details of the State Legal Services Authority (SLSA) and the District Legal Services Authority (DLSA) of your district.

4. You can contact them via phone or email and explain your legal problem or query. They will guide you on how to proceed further and provide you with legal aid if necessary.

You can also visit the DLSA office in person and meet the officials to discuss your legal matter. The contact details of DLSA offices are usually available on the official website of the respective state legal services authority.

Advocate Sudershani Ray LawRato

581 votes

Dear sir/mam,
Govt. lawyer cannot take a pvt. case. So, You have to apply in Legal Aid Cell in District Court or The High Court as required. A lawyer will be provided to you at state expenditure. yes, they as good as private lawyers. But from your question it seems you want to know that whether they will take your case seriously or not. then, it is depends upon the lawyer and nature of your case also.

Advocate Minu Sinha LawRato

621 votes

Hello friend, government lawyer is not bad who government lawyer is talented. You don't panic . I saw you
Believe government lawyer. But your case are strong and true facts.
Thanks you

Advocate Ashutosh Kumar Shukla LawRato

461 votes

Yes, you can avail of free legal aid services from the government if you meet the eligibility criteria laid out by the Legal Services Authorities Act, 1987. It includes people below a certain income threshold, members of Scheduled Castes or Scheduled Tribes, women, children, and people with disabilities. For complete information on the topic click here. The answers to your questions like how can I get a government lawyer and a government advocate contact number can be found on the Legal Services Authority website.
Such lawyers, appointed through the Legal Services Authority, are qualified advocates who may or may not have the same level of experience as some top private lawyers, but they are qualified and competent professionals.

Advocate Chikirsha Mohanty LawRato