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) Empanelment Prerequisites: Advocates must be enrolled with the Bar Council of India and possess a minimum of five years of practice experience. They must also be willing to offer pro bono or reduced-rate legal services in accordance with the Legal Services Authorities Act.
(ii) High Court Legal Services Committee Selection Board Composition: The selection board typically comprises: The Chairman of the High Court Legal Services Committee (usually a sitting High Court Judge). The Committee's Member Secretary. The Advocate General or their designated representative. Representatives from the Bar Council of India or the State Bar Council. Additional members as stipulated by regulations.
(iii) Grounds for Removing a Panel Lawyer from a Case: A panel lawyer may be removed under the following circumstances: Failure to appear or adequately represent the client without valid justification. Engagement in conduct that is unethical or detrimental to the client's interests. Refusal to adhere to instructions or directives from the legal services authority. Adjudication of professional misconduct.
(iv) Criteria for Engaging a Senior Advocate: Legal services authorities may engage a Senior Advocate when: The case presents significant complexity or importance requiring specialized legal expertise. The legal services authority deems it essential for ensuring effective client representation. The Senior Advocate agrees to provide services either gratuitously or at a reduced fee, as per legal services regulations.