Question

With regards to the selection of panel lawyers under the NALSA Regulations, 2010, answer the questions given below:
(i) Mention the basic requirement an advocate must fulfil to be considered for empanelment.
(ii) State the composition of the selection board for empanelling advocates for High Court Legal Services Committee.
(iii) Under what circumstances can a panel lawyer be removed from any case?
(iv) When can the services of a Senior Advocate be availed by the legal services authorities?

Hint:

Panel lawyers under NALSA are selected based on experience and willingness to provide free or concessional legal aid; Senior Advocates are engaged for complex cases.

Answer 1

(i) Basic Requirement for Empanelment: An advocate must be enrolled with the Bar Council of India and should have at least five years of practice experience. The advocate should also be willing to provide free legal services or at concessional rates as per the Legal Services Authorities Act.
(ii) Composition of Selection Board for High Court Legal Services Committee:
The selection board generally consists of:
The Chairman of the High Court Legal Services Committee (usually a sitting Judge of the High Court).
The Member Secretary of the Committee.
The Advocate General or his nominee.
Representatives from the Bar Council of India or State Bar Council.
Other members as specified by the regulations.
(iii) Circumstances for Removal of Panel Lawyer from a Case:
A panel lawyer may be removed if:
They fail to appear or represent the client properly without sufficient cause.
They act in a manner that is unethical or prejudicial to the interests of the client.
They refuse to comply with instructions or directions from the legal services authority.
They are found guilty of professional misconduct.
(iv) When can Services of a Senior Advocate be Availed?
The services of a Senior Advocate can be availed by the legal services authorities in cases where:
The case is of great complexity or importance requiring specialized legal expertise.
The legal services authority considers it necessary to ensure effective representation.
The Senior Advocate is willing to provide services either free or at a concessional fee as per the legal services regulations.