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 its

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 their 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 India also framed legal aid rules

in the year 1983. Rule 2(G) says that legal aid means legal

representation by a member of legal profession, which includes all

other relevant services. The definition was restrictive in manner as it

included representation by lawyers only. In this way, no concrete

definition was available.

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.

 1. 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.

Such services include:

I) Legal education

II) Legal advice

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.

2. POST LITIGATION SERVICES:

The basic fund 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 an enthusiastic manner. The Bar must evolve a scheme to

ensure 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