LEGAL SERVICE – MEANING, NATURE AND SCOPE:
Literally, legal service means help or assistance or free service in the field of law. The apex court has categorically stated in it’s various decisions that legal aid is not a charity but it is a duty of a welfare state.
The definition of legal service has been given under section 2(1) (c) of the legal service act,1987, which is as under:-
“Legal service includes rendering of any service in the conduct of any other proceedings before any court or other authority or tribunal and the giving of any advice of any legal matter.”
On further scrutinizing it, we will find three basic things in it:
1) Legal services are provided in conducting legal proceedings.
2) Legal proceeding may be before courts or tribunals or any other authority.
3) Legal service includes legal advice also.
According to Pollock,” Legal aid is an instrument by which poor can get justice and can enforce there rights.
Before passing of the legal services authority act, legal aid was provided by the states under administrative rules, which were different in different states. The Bar council of
There were many other services, which are provided under many legal service scheme. Many state legal service authority has established many grievance cell and are trying to solve many social, economic and political problems as well.
KINDS OF LEGAL SERVICES:
There are basically two types of legal services:
a) Pre-litigation legal services
b) Post –litigation legal service.
a)PRE-LITIGATION LEGAL SERVICES:
It has been rightly said that prevention is better than cure. Escalation in the number of case is a matter of grim concern. Litigation should be the last resort. Matters should be resolved without restorting to the complicacies of the legal framework of the country.
ary. Such services include:
I) Legal education
II) Legal advise
III) Legal awareness
IV) Pre litigation settlement.
In order to eliminate cumbersomeness and complexity, more and more emphasis should be laid on pre litigation services. Litigation should be used be as the last resort. If pre litigation services are properly rendered than both time and expenditure could be saved. In pre litigation services there will be minimum financial burden upon the state. Therefore, priority is given to pre litigation services in the country. In Legal literacy programme, awareness is being created about many current issues..
POST LITIGATION SERVICES:
The basic funda governing Post litigation services is to provide free legal services to poor and socially downtrodden people. The Supreme court has warned on many occasions that only experienced Lawyers may be put on the panel as inexperienced lawyers may not represent the grievances of the poor in a proper manner. Legal fraternity must respond in a enthusiastic manner. The Bar must evolve a scheme to ensure t of that unprotected is not priced out of market. Well structured and effective planning for efficient planning campaign for awareness of objects of provisions of Legal services Authorities act must be evolved.
LEGAL SERVICE- A TRUE SERVICE OF EQUALITY:
The aim and object of legal service is quiet and comprehensive and wide. It is not an isolated event. Equal justice for all is the fundamental principle governing the Constitution of the country. The denial of justice to the needy would lead to anarchy and discrimination which will hamper the basic structure of the constitution.
Political equality can only be assured if there is Economic equality. The concept of free legal service will break the shackles of ignorance and exploitation. It is an innovative which needs to be adopted and executed if we want the concept of welfare state to be a reality