Applications are invited from eligible lawyers having requisite qualifications for
Contractual period of 2 years in full time engagement for the posts of Chief Legal Aid
Defence Counsel, Deputy Chief Legal Aid Defence Counsel, Assistant Legal
Aid Defence Counsels as per the scheme of LEGAL AID DEFENCE COUNSEL
SYSTEM IN NAMAKKAL DISTRICT proposed herein. The Lawyers so engaged therein
will not be allowed to take any other private cases or any other retainership. Details of the name
of the post and number of requirement are given below:
Chief Legal Aid Defence Counsel -01
Deputy Chief Legal Aid Defence Counsel- 01
Assistant Legal Aid Defence Counsel -02
The Scheme of engagement along with application form may be downloaded from the
official website of SLSA (https://www.tnlegalservices.tn.gov.in/pdfs/
Application_LADCS.pdf), https://districts.ecourts.gov.in/namakkal and also from
Notice board of District Legal Services Authority, Namakkal. The duly filled application form
along with self attested copies of documents may be submitted to District Legal Services Authority, Namakkal, through speed post or in an envelope personally in the office of the Secretary, District Legal Services Authority, Namakkal on or before 23rd March 2023 by
05.00 P.M. Any application received after due date shall not be considered.
GUIDELINES FOR ENGAGEMENT AS FULL TIME LEGAL AID LAWYERS IN LEGAL AID DEFENSE COUNSELS IN DLSAs
Scope of Work:
Legal Aid Defense Counsel Office shall be dealing exclusively with legal aided
matters in criminal matters of the District or HQ, wherein it is established. It
shall be providing legal services from the early stages of criminal justice till
appellate stage, and the same shall include visits to jails from catering to the
legal needs of unrepresented inmates. Initially it shall not be dealing with all
type of civil matters and cases of complainant, wherein present counsel
assignment system (Panel Lawyers) will continue to be operational. The
following end to end legal services shall be provided through the Legal Aid
Defense Counsel Office:
o Legal Advice and Assistance to all individuals visiting the office,
o Representation/Conducting trial and appeals including all
miscellaneous work in all criminal courts such as Sessions, Special
and Magistrate Courts including executive courts,
o Handling Remand and Bail work,
o Providing legal assistance at pre-arrest stage as per need and also in
accordance with NALSA’s scheme for providing such assistance,
o Any other legal aided work related to District Courts or as assigned
by the Secretary DLSA,
o Periodic visit of Prisons of the district under the guidance of the
Secretary, DLSA
Selection Procedure:
After due publicity including public notice, applications will be invited and a
fair, transparent and competitive selection process shall be adopted by DLSA
under guidance of SLSA. Legal Aid Defence Counsels shall be engaged on
contract basis in each place/district initially for a period of two years with a
stipulation of extension on yearly basis on satisfactory performance. The
performance of each human resource shall be assessed in every six months by
SLSA in consultation with DLSA concerned. Selection of Chief Legal Aid
Defense Counsel, Deputy Chief Legal Aid Defense Counsels, Assistant Legal
Aid Defense Counsels will be purely based on merit, taking into account the
knowledge, skills, practice and experience of candidates. The selection shall be
carried out by Selection committee under the Chairmanship of the Principal
District & Sessions Judge (Chairman, DLSA) as envisaged in NALSA (Free and
Competent Legal Services) Regulations 2010, subject to final approval by the
Executive Chairman, SLSA. In the selection committee at least three senior
most judicial officers posted at HQ, dealing mainly criminal cases, preferably
sessions cases, will also be included. No person with conflict of interest shall be
part of selection process. After approval by the Executive Chairman, SLSA,
engagement contract will be executed between the Secretary DLSA and the
person so engaged. The eligibility criterions are as follows:-
Qualifications for Chief Legal Aid Defense Counsel:
Practice in Criminal law for at least 10 years,
Excellent oral and written communication skills,
Excellent understanding of criminal law,
Thorough understanding of ethical duties of a defence counsel,
Ability to work effectively and efficiently with others with capability to
lead,
Must have handled at least 30 criminal trials in Sessions Courts, aforesaid
condition of handling of 30 criminal cases can be relaxed in appropriate
circumstances,
Knowledge of computer system, preferable.
Quality to lead the team with capacity to manage the office
Qualifications for Deputy Chief Legal Aid Defense Counsel:
Practice in Criminal law for at least 7 years,
Excellent understanding of criminal law,
Excellent oral and written communication skills,
Skill in legal research,
Thorough understanding of ethical duties of defence counsel,
Ability to work effectively and efficiently with others,
Must have handled at least 20 criminal trials in Sessions Courts, may be
relaxed in exceptional circumstances, by Hon’ble executive Chairman,
SLSA,
IT Knowledge with proficiency in work.
Qualification for Assistant Legal Aid Defense Counsel:.
Practice in criminal law from 0 to 3 years.
Good oral and written communication skills.
Thorough understanding of ethical duties of defence counsel.
Ability to work effectively and efficiently with others.
Excellent writing and research skills.
IT Knowledge with high proficiency in work.
Note: Qualifications may be reasonably relaxed in case of exceptional candidates
or circumstances with the approval of the Executive Chairman SLSA.
Chief Legal Aid Defense Counsel
o Conducting trials and appeals and bail matters in courts along with
deputy chief & assistant legal Aid Defense Counsels,
o Assigning duties to deputy legal Aid Defense Counsels in the office,
o Assigning duties of Assistant legal Aid Defence Counsel for assisting
him and Deputy Chief legal Aid Defense Counsel and for other work
including legal research,
o Ensure proper legal research, planning effective defence strategy and
thorough preparation in each and every legal aided case,
o Ensure maintenance of complete files of legal aid seekers,
o Ensure proper documentation with regard to legal aid assistance
provided, ensure maintaining of up to date record of legal aided cases,
o Will be overall in charge of administration the office of Legal Aid
Defense Counsel Office.
o Ensure quality of legal aid,
o Consultation and ensuring updation of the case progress to the client and
his/her relative(s),
o Any work/duty assigned by Legal Services Authority.
Deputy Chief Legal Aid Defense Counsel.
o Conducting trials/ appeals/ Remand work /Bail applications/visits to
prisons etc., as assigned by Chief Legal Aid Defense Counsel.
o Filing and arguing appeals and bail applications in Courts.
o Maintaining complete case files.
o Doing legal research in legal aided cases and guiding assistant legal Aid
Defense Counsel and law students attached with the office in legal
research.
o Proper client interviews at various stages for quality research work and
representation at remand, trial and appellate stage.
o All or any of the work of the Chief defence Counsel as per assignment,
o Any work/duty assigned by Legal Services Authority
Assistant Legal Aid Defense Counsel.
o Filing of cases, conducting trials in Magistrate trial cases,
o Remand/bail and other miscellaneous work,
o legal research in legal aided cases,
o Visits to Prison and Legal aid Clinics as per directions,
o Providing assistance at pre-arrest stage to suspects,
o Assisting Chief Legal Aid Defense Counsel and Deputy Legal Aid.
Defense Counsel (s) in conduct of legal aided cases,
o Assisting in developing a defence strategy after sifting through all of the
evidence collected by the prosecution and after hearing the accused’s
version of what happened during the alleged crime in question,
o Visiting location/area of alleged crime, having discussions with family
members etc , for effective and meaningful input for defense strategy,
o Handling queries of legal aid seekers,
o Updating legal aid seekers about the progress of their cases,
o Assisting in maintaining complete files of legal aided cases,
o Handling legal queries relating to criminal matters on telephone,
o Any other work related to legal aid assigned by Chief Legal Aid Defense
Counsel,
o Any work/duty assigned by Legal Services Authority,
Termination of Services:
Services of any legal aid defense counsel engaged in the office of Legal Aid
Defense Counsel can be terminated at any time without any prior notice in the
following cases by the Chairman, DLSA on recommendation of the Secretary
DLSA or on directions by SLSA in writing:
i. He/she substantially breaches any duty or service required in the office,
or
ii. Seeks or accepts any pecuniary gains or gratification in cash or kind
from the legal aid seekers or beneficiary or his friend or relative, or
iii. Charged or Convicted for any offence by any court of law, or
iv. Indulges in any type of political activities, or
v. Found incapable of rendering professional services of the required
standards, or
vi. Failure to attend training programmes without any sufficient cause, or
vii. Indulges in activities prejudicial to the working of legal aid defense
counsel office, or
viii. Using his/her position in legal aid defense counsel office to secure
unwarranted privileges or advantages for him/herself or others, or
ix. Acts in breach of code of ethics, or
x. Remains absent without leave for more than two weeks, or
xi. If services are found unsatisfactory during the six monthly performance
review by the SLSA or DLSA.
Code of Ethics:
Personnel engaged in the office of Legal Aid Defense Counsel shall observe
the following code of ethics:
i. No personnel shall act in any matter in which he/she has a direct or indirect
personal or financial interest.
ii. No personnel shall wilfully disclose or use, whether or not for the purpose
of pecuniary gain, any information that he/she obtained, received or
acquired during the fulfilment of his/her official duties and which is not
available to members of the general public.
iii. No personnel within the office of Legal Aid Defense Counsel shall make
use of his/her office or employment for the purpose of promoting or
advertising any outside activity.
iv. No personnel within the office of Legal Aid Defense Counsel shall engage
in any outside activity or act as an independent practitioner.
v. No personnel within the office of Legal Aid Defense Counsel shall solicit,
agree to accept or accept, whether directly or indirectly, any gift, favour,
service, or other thing of value under circumstances from which it might be
reasonably inferred that such gift, service, or other thing of value was given
or offered for the purpose of influencing him/her in, or rewarding him/her
for, the discharge of his/her official duties.
vi. Legal Aid Defense Counsel shall devote his/her full time to his/her duties
for the office of Legal Aid Defense Counsel and shall not engage in private
practice of law during the term of employment.
vii. Every Personnel of the office of Legal Aid Defense Counsel shall strive to
preserve the public’s confidence in the office’s fair and impartial execution
of its duties and responsibilities.
viii. Legal Aid Defense Counsel shall also follow the code of ethics prescribed
by Bar Council of India for lawyers.
Entitlement to Leave:
Chief Legal Aid Defense Counsel and Deputy Legal Aid Defense Counsel
shall be eligible for 15 days’ leave in a calendar year on pro-rata basis.
Assistant Counsel Legal Aid Defense Counsel shall be eligible for 12 days’
leave in a calendar year on pro-rata basis.
No remuneration for the period of absence in excess of the admissible leave
will be paid to the human resource of Legal Aid Defense Counsel Office.
Un-availed leave shall neither be carried forward to next year nor encashed
Role of State Legal Services Authority and District Legal Services
Authority:
Office space planning, and providing infrastructure for office preferably
inside or in proximity to court complex.
Providing Office furniture, Office equipment including computers, printer,
internet connectivity and other equipment.
Purchasing office supplies on need basis.
Engaging human resource requirement for Legal aid Counsel System
Office.
Ensuring proper functioning of Legal aid Counsel System Office.
Ensuring effective monitoring and mentoring.
Periodical evaluation of legal services delivered through Legal aid Counsel
System Office.
Regular trainings and refresher courses for legal aid counsel engaged in
Legal aid Counsel System Office.
Renovation of office space when necessary.
Providing Books such as Bare Acts and Commentaries for Legal Aid
Defense Counsel Office
Providing Legal Research Software.
Timely payment of monthly honorarium to legal aid counsel and all staff
engaged for Legal aid defense counsel office.
Payment with regard to expert witnesses, if their services are taken.
Payment for incidenal expenses such as travelling expenses etc.
Information/promotional campaigns/programmes with regard to Legal aid
Defense counsel office.
Engagement with law schools:
Law schools often send their students to legal Services Institutions for
internship. Moreover, Clinics of Law Colleges also collaborate with Legal
Services Institutions. Law students can be engaged with the Legal Aid Defense
Counsel office as to give them meaningful exposure to practical aspects of
criminal law including preparing a defense strategy and doing legal research in
various factual scenarios. Law students may be so engaged in the following
areas in Legal aid defense counsel office:
Legal research in criminal cases,
Visiting scenes of crimes,
Interviewing accused and their family members and other relevant
persons,
Visits of Prisons and Legal Aid clinics,
Associating in campaign undertaken,
Assist in sifting through all of the evidence collected by the prosecution
and providing effective input for preparing defense strategy.
The internship to law students can be offered for a period upto 3 months. The
law students so engaged shall not be paid any stipend by the Legal Services
Authorities but the certificate of work and period of work will be issued jointly
by the Chief Defense Counsel & Secretary, DLSA.
Monitoring and Evaluation:
The work and performance shall be closely monitored by the Secretary DLSA
and a monthly review meeting will be organised under the chairmanship of the
Chairman, DLSA. The Minutes of the meeting shall be send to SLSA. A
quarterly review meeting with every LADCS office and the Secretary, DLSA
will also be organised by the Member Secretary, SLSA and minutes shall be
send to NALSA. On half yearly basis review meeting shall be organised by
NALSA. The formats for such data sharing will be shared at the time of
launch. Monitoring shall be continuous process and at the end of six months
the performance of every human resource shall be evaluated by the SLSA
under the guidance of Hon’ble Executive Chairman, SLSA.
Monitoring and Mentoring Committee shall monitor legal aid work of Legal
Aid Defense Counsel Office.
The Chief Legal Aid Defense Counsel shall be involved in monitoring &
mentoring of Legal Aid cases of the district
Honorarium (Retainership fee):
For Class-A towns ( Population more than 10 lacs)
Chief Legal Aid Defense Counsel ₹ 70,000 to 1,00,000/-
Deputy Chief Legal Aid Defense Counsel ₹ 50,000 to 75,000/- each
Assistant Legal Aid Defense Counsel ₹ 25,000 to 45,000/- each
For Class-B towns ( Population more than 2 lacs but below 10 lacs)
Chief Legal Aid Defense Counsel ₹ 65,000 to 80,000/-
Deputy Chief Legal Aid Defense Counsel ₹ 40,000 to 60,000/- each
Assistant Legal Aid Defense Counsel ₹ 20,000 to 35,000/- each
For class-C (Population below 2 lacs) or remaining places
Chief Legal Aid Defense Counsel ₹ 60,000 to 70,000/-
Deputy Chief Legal Aid Defense Counsel ₹ 30,000 to 50,000/- each
Assistant Legal Aid Defense Counsel ₹ 20,000 to 30,000/- each
Notification Click here