KERALA STATE LEGAL SERVICES AUTHORITY KERALA STATE LEGAL SERVICES AUTHORITY                      High Court Buildings, Kochi - 682 031
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KELSA - Kerala Regulations 1998


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Chapter 1 :: Chapter II :: Chapter III :: Chapter IV :: Chapter V :: Chapter VI :: Chapter VII :: Chapter VIII ::

:: Form I (Regulation 40) :: Form II (Regulation 42) :: Fees Payable to Legal Practitioners on the Panel ::

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CHAPTER VII  

 

LEGAL PRACTITIONERS TO CONDUCT CASES

41.

Panel of names of Legal Practitioners :-
  1. The High Court Legal Services Committee, District Legal Services Authority and the Taluk Legal Services Committee each shall prepare and maintain the following three panels of names of legal practitioners to conduct cases of persons eligible for free legal services -

    1. Panel of Honorary Legal Practitioners;

    2. Panel of Senior Legal Practitioners; and

    3. Panel of Junior Legal Practitioners.

      Each panel shall consist of three parts namely:-

      Part I for Civil Courts;
      Part II for Criminal Courts; and
      Part III for Tribunals and other authorities.

    The Junior panel shall consist of lawyers who have put in not less than 2 years practice but not more than 10 years.

    Senior panel shall consist of lawyers who have put in practice for a period of over 10 years.

    The panel of Honorary Legal Practitioners shall consist of Lawyers who have put in at least 3 years experience at the Bar.

  2. Copies of panels so prepared by the High Court Legal Services Committee, District Legal Services Authority and Taluk Legal Services Committee shall be sent to the State Legal Services Authority

  3. The remuneration payable to the Legal Practitioners shall be such as is specified in the Schedule.

  4. The panels shall remain in force for 3 years.

  5. Work shall be entrusted to the lawyers in the panel, by rotation.

  6. If the Authority or Committee is satisfied that the continuance of a lawyer is against the interest of the party, the Authority or the Committee, as the case may be, remove his name from the panel and withdraw the case from him.

  7. If it appears to the State Authority, High Court Committee, District Authority or Taluk Committee that a lawyer in the panel has committed any professional misconduct in respect of any legal services matter so entrusted to him the issue shall be referred to the Bar Council of Kerala for appropriate action.

  8. The lawyers shall be paid clerk age at the rate of Rs.50/- per case for legal representation.TOP

42.

Entrustment of case to a Legal Practitioner :-
  1. The High Court Legal Services Committee, the District Legal Services Authority or the Taluk Legal Services Committee, as the case may be, shall entrust the case of a person to whom legal services have been extended to a legal practitioner in the panel by issue of an authorisation in Form No.2 under the signature of the Secretary. 
    “ provided that if a Judicial Officer before whom the case comes is satisfied that there would be delay in getting the authorisation aforesaid, he may entrust the case to a legal practitioner included in the panel, subject to ratification by the Authority / Committee concerned”.

  2. If it is considered necessary to pay special fee to a legal practitioner other than legal practitioners mentioned in the panel the Secretary in the case of the High Court Legal Services Committee and District Legal Services Authority and the Chairman in the case of Taluk Services Committee may sanction the same with the prior approval of the Executive Chairman with the ratification of the State Authority.TOP

43.

Duties of the Legal Practitioner :-

  1. The Legal practitioner conducting a case on behalf of a person to whom legal services have been extended, shall, as soon as the case is decided apply for copies of judgements and decrees, if any, and immediately on receipt of the copies submit them to the Authority or Committee as the case may be, together with detailed comments thereon. The Authority or the Committee, as the case may be, shall take steps to recover costs, if any, awarded by the Court to the person to whom legal services are extended and consider the feasibility of filing an appeal or revision, if

    1. the case has been decided against the person to whom legal services were extended and the case is prima facie fit for appeal, revision or review; and

    2. if that person has applied for legal services for filing appeal, revision or review petition as the case may be,
      and if it is a fit case for appeal, revision or review such Authority or Committee shall take necessary further steps.

  2. It shall be the duty of a legal practitioner to whom a case has been entrusted to give the acknowledgement for all the papers received in the case from the Authority or Committee concerned and to retain them safely till the disposal of the case and to return all those papers to the Secretary of the Authority or Committee concerned under acknowledgement before receiving his fees in the case.

  3. As far as possible the Authorities, the Committees and the legal practitioners should take only photo copies or typed copies of the original duly attested by the party or counsel and originals shall be returned to the party.TOP

44.

Prohibition against Acceptance of Remuneration :-

  1. No Legal Practitioner entrusted with a legal service matter shall charge or collect any remuneration or any expense from any person to whom legal services have been rendered directly or indirectly, in any form whatsoever.

  2. The name of the Legal Practitioner who contravenes the provisions of clause (1) shall be removed from the panel and the case be reported to the Bar Council for necessary action.

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45.

Withdrawal of Legal Services :-

It shall be competent for the High Court Legal Services Committee, District Legal Services Authorities and Taluk Legal Services Committees, as the case may be, which granted legal services to withdraw or withhold it at any time for reason to be recorded in writing and after intimating the person to whom legal services were rendered.TOP

 
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