Paralegal

Paralegal is used in many jurisdictions, particularly the United States, to describe a paraprofessional who assists qualified lawyers in their legal work. However in some other jurisdictions, such as Ontario, Canada, paralegals are licensed by the Law Society of Upper Canada, giving paralegals an independent status in this jurisdiction. The definition of "Paralegal" varies by country. In the United States, they are not authorized by the government or other agency to offer legal services in the same way, nor are they officers of the court, nor are they usually subject to government-/court-sanctioned rules of conduct. In contrast, in Ontario, Canada, paralegals are licensed and regulated the same way that lawyers are. In Ontario a paralegal license allows for the paralegal to provide permitted legal services to the public and appear before certain lower level courts and administrative tribunals. In the United States, paralegals originated as assistants to lawyers at a time when only lawyers offered legal services. In those jurisdictions, such as the United States, where the local legal profession/judiciary is involved in paralegal recognition/accreditation, the profession of paralegal still basically refers to those people working under the direct supervision of a lawyer. In other jurisdictions however, such as the United Kingdom, the lack of local legal profession/judiciary oversight means that the definition of paralegal encompasses non-lawyers doing legal work, regardless of whom they do it for. Although most jurisdictions recognize paralegals to a greater or lesser extent, there is no international consistency as to definition, job-role, status, terms and conditions of employment, training, regulation or anything else and so each jurisdiction must be looked at individually. [edit] Official definitions Various legal organizations offer official definitions of a paralegal: these definitions typically have slight differences. Definitions offered by major organizations include:

From the Paralegal Society of Ontario: "A paralegal is an individual qualified through education or experience licensed to provide legal services to the general public in areas authorized by the Law Society of Upper Canada[1] From the United Kingdom's National Association of Licensed Paralegals: 'A person who is educated and trained to perform legal tasks but who is not a qualified solicitor or barrister'. From the American Bar Association: "A legal assistant or paralegal is a person qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity who performs specifically delegated substantive legal work for which a lawyer is responsible." Under this definition, the legal responsibility for a paralegal's work rests directly and solely upon the lawyer.[2] From the National Federation of Paralegal Associations (NFPA) [USA]: "A Paralegal is a person, qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal concepts and is customarily, but not exclusively, performed by a lawyer. This person may be retained or employed by a lawyer, law office, governmental agency or other entity or may be authorized by administrative, statutory or court authority to perform this work. Substantive shall mean work requiring recognition, evaluation, organization, analysis, and communication of relevant facts and legal concepts."[3] From the National Association of Legal Assistants (NALA) [USA]: "Legal assistants, also known as paralegals, are a distinguishable group of persons who assist attorneys in the delivery of legal services. Through formal education, training and experience, legal assistants have knowledge and expertise regarding the legal system and substantive and procedural law which qualify them to do work of a legal nature under the supervision of an attorney." In 2001, NALA adopted the ABA's definition of a paralegal or legal assistant as an addition to its definition.[4] From the American Association for Paralegal Education (AAfPE): "Paralegals perform substantive and procedural legal work as authorized by law, which work, in the absence of the paralegal, would be performed by an attorney. Paralegals have knowledge of the law gained through education, or education and work experience, which qualifies them to perform legal work. Paralegals adhere to recognized ethical standards and rules of professional responsibility."[5] From the United Kingdom's Institute of Paralegals: "A paralegal is a non-lawyer who does legal work that previously would have been done by a lawyer, or if done by a lawyer, would be charged for." From the International Paralegal Management Association (IPMA) "A legal assistant or paralegal is a person qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity who performs specifically delegated substantive legal work for which a lawyer is responsible." Under this definition, the legal responsibility for a paralegal's work rests directly and solely upon the lawyer."[6] From NALS...the association for legal professionals [USA]: "A legal assistant/paralegal is a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible." [7]

[edit] Difference between paralegals and lawyers in the United States The greatest differences between lawyers and paralegals are that lawyers can set fees, give legal advice, appear as counsel of record in court, and sign pleadings (and other court documents) in a representative capacity. If a paralegal attempts to do any of these acts, they will be in violation of the unauthorized practice of law statutes that exist in most U.S. states. Paralegals are responsible for handling tasks such as legal writing, research and other forms of documentation for the lawyers who they work under. Other traditional differences between a paralegal and a lawyer (i.e. attorney) is that: 1. paralegal expertise/training tends to be niche, whereas a lawyer has a much broader, longer, more formal and holistic training, and

2.

that the lawyer's primary job is to consider, analyze and strategize, whereas a paralegal's primary responsibility is to carry out the tasks arising from that consideration, analysis and strategy.

Paralegals are found in all areas where United States lawyers workin criminal trials, in real estate, in government, in estate planning. In the US, paralegals and legal document assistants (LDAs) are often mistaken for one another. In some areas, such legal document assistants actually advertise themselves as paralegals. However, many states, including Florida, have enacted laws or bar rules which require any person referring to themself as a paralegal to be working under the supervision a licensed attorney. [8] This would disqualify those individuals working as "independent paralegals" from using the title "paralegal". [edit] Difference between paralegals and legal secretaries In Ontario, Canada, a paralegal can apply to the Ministry of the Attorney General to be appointed as a Commissioner for Taking Affidavits (aka Commissioner of Oaths - the U.S. equivalent of a notary public). If a paralegal holds a valid licence, they are assumed to be a member in good standing with the Law Society of Upper Canada. All applicants (regardless of background or standing) are subject to a criminal background check and dependant upon its outcome, a time-limited commission will be granted. This link is not necessarily the norm in other jurisdictions. In the United Kingdom for example, notaries are a distinct group, and tend to be solicitors. National Federation of Paralegal Associations (NFPA) The NFPA offers the Paralegal Advanced Competency Exam, which is a four-hour exam on a variety of legal topics; those who pass that exam can call themselves PACE-Registered Paralegals and display the "RP" designation.[15] NFPAs core purpose is to advance the paralegal profession and is committed to the professions Code of Ethics. Graduation from a certificate or degree program does not, technically, certify a paralegal; in most states, passing an exam administered by a recognized entity such as NALA or the NFPA is the only benchmark. Some states have considered the licensure of paralegals. Whether paralegals should be licensed or certified is one of the most important issues for paralegals today. [edit] Economics The paralegal phenomenon is a legal-economics argument in all jurisdictions - they exist precisely because they are not lawyers and thus can do the work much more cheaply. Other than expertise, the main constraint on what work a paralegal can or cannot do tends to be local rules that reserve (i.e. give a monopoly to) particular activities to lawyers. Each jurisdiction tends to have its own "reserved activities list". [edit] Trends in usage of paralegals In the United States, the need for accredited qualifications and bar licensure limits the number of licensed attorneys. At the same time, there are many legal tasks for which a bar license is unnecessary but some amount of legal training is helpful. In order to lower costs, businesses may choose to employ paralegals to undertake such tasks instead of a more expensive lawyer. Paralegal time is typically billed at only a fraction of what a lawyer charges, and thus to the paralegal has fallen those substantive and procedural tasks which are too complex for legal secretaries (whose time is not billed) but for which lawyers can no longer bill. This in turn makes lawyers more efficient by allowing them to concentrate solely on the substantive legal issues of the case, while paralegals have become the "case managers." The growing demand of paralegal professionals at a very rapid rate has resulted in schools and colleges catering to such education popping up everywhere. It has been found through a survey that currently 50,000 students are enrolled in paralegal education courses. The American Association for Paralegal Education (AAPE) itself has more than 450 members; 260 of them are ABA-approved. Seminars and events are being held by various institutes to help broaden the knowledge base of the paralegal service providers and the importance associated with it. Although the nation is experiencing a recession, the paralegal profession continues to grow. Law firms and legal departments are cutting costs and increasing access to legal services by hiring paralegals. The United Kingdom has gone one step further. Much legal work by lawyers for the poorer elements of society is legally aided, or paid for by the state. As overall costs have risen due to more people than ever engaging with the law, the government has reduced such legal aid. As a result the work has become uneconomic for many and they have ceased doing it. Paralegal advisory firms are stepping in to fill the gap.[citation needed] The increased use of paralegals has slowed the rising cost of legal services and serves in some small measure (in combination with contingency fees and insurance) to keep the cost of legal services within the reach of the regular population. However, one commentator has warned that "our profession makes a serious error if it uses legal assistants only as economic tools."[19] [edit] Paralegal Nurse Consultants Some attorneys who practice in fields involving medical care have only a limited knowledge of healthcare and medical concepts and terminology. Therefore, in addition to Legal Nurse Consultants, a certain number of registered nurses have become fully trained as paralegals in the manner described above and assist behind the scenes on these cases, in addition to serving as expert witnesses from time to time. There is an

extremely high demand for nurses to begin with, so the demand for nurses with paralegal skills is expected to remain very high in the near future. [edit] Paralegal Day Several state governments have designated a "Paralegal Day", which is not the same day everywhere,[20] in particular New York's governor David Paterson,[21][22][23] Michigan's governor Jennifer M. Granholm,[20][24] South Carolina,[20] Idaho's governor James E. Risch[25] and the Texas Assembly.[26] California, Connecticut, Ohio, see,[27] and Utah also have a Paralegal Day.[20][28][29][30] American paralegals are also traditionally honored on St. Patrick's Day. [edit] Paralegal Service or Document Preparers There are a variety of services available to the general public depending on our State of residence. These companies have been known as Paralegal Services until they were required to change their names. These companies are now typically known to the general public as Court Document Preparers or Court Forms Providers. The State of Florida has numerous companies that prepare court documents for a variety of issues, such as Divorce, Bankruptcy, Paternity, Custody, Modification of Child Support, Name Change, Wills, Power of Attorney, Quit Claim Deeds, etc. If you do not have the ability to remedy your situation because of the high cost fees of any attorney a Court Document Preparer can save thousands of dollars. Such document preparers, however, frequently come under the scrutiny of various state bar organizations by overstepping the basic document preparation and engaging in what could be considered "unauthorized practice of law." Such document preparation is indeed cost-saving for those who truly want to represent themselves in a legal matter, but want to pay someone to create the required documents. If problems arise in the legal case, however, the person who hired the paralegal service needs to understand that there is typically no legal liability on the part of the paralegal service and that such institutions cannot be sued for legal malpractice. Again, the philosophy is that the person utilizing such service is representing himself or herself in all legal matters and merely hiring a document preparer. [edit] Paralegals in films, television, literature, and politics Unlike nurses and physician assistants, paralegals have not caught the popular imagination and rarely are seen or mentioned in fictional or nonfiction legal television programs, or in legal fiction in print. There are however exceptions. The most famous is probably Erin Brockovich, a real legal clerk whose participation in a toxic tort case became a major motion picture. In the movie Eagle Eye (2008) starring Shia LaBeouf and Michelle Monaghan, Monaghan plays a single mom who works as a paralegal.[32] Another notable exception is the character Della Street, from the Perry Mason novel, television and movie series. Although Mason identifies Della as "my confidential secretary", the projects he assigns her are entirely consistent with the law office work performed by experienced paralegals. John Grisham includes many paralegals in his novels; for example, Rudy Baylor (the main character in Rainmaker) works briefly as a paralegal and his associate Deck subsequently becomes Rudy's paralegal when he starts his own firm. Harvey Birdman: Attorney at Law, an esoteric cartoon comedy, features a paralegal in the form of Avenger, Harvey Birdman's eagle, who is usually seen managing files, preparing and presenting documents to the attorneys, and drafting letters to clients. Avenger will usually accompany the charismatic, yet often under-prepared, Birdman into court, and whisper case information and advice into his ear. Despite not knowing English, he is by far the most competent employee of Sebben & Sebben. The most current example is likely contained in FX's The Riches in which Doug Rich, a con-artist played by Eddie Izzard, impersonates a lawyer at a cutthroat real estate development company. Rich's apparent lack of legal knowledge is often compensated by Aubrey McDonald, a highlyskilled paralegal who manages to help guide the under-educated anti-hero through more than a few sticky situations. In American television, USA's "Suits" features a young paralegal named Rachel who greatly assists a young aspiring lawyer with various research and otherwise. In Eoin Colfer's book, 'The Supernaturalists', paralegals are lawyers that double as mercenaries to apprehend and then prosecute offenders for the person, or more common, company who hired them. A few current and former paralegals have also ventured into politics, including Amanda Reeve (Arizona State Legislature) and Michael Strautmanis (Obama friend and White House Staff).[33] [

Literacy and Legal Literacy Definitions Literacy is the ability to use "printed and written information to function in society, to achieve one's goals, and to develop one's knowledge and potential"2. In recent years, the focus of literacy has changed from an emphasis on levels of schooling to a focus on functional skills. Therefore, in the courtroom, literacy is the ability to use printed and written information to function in the courts and to achieve one's goals related to the justice system. Even if a person is literate enough to deal with daily routines, he or she may not be literate enough to understand the language and procedures in court. Laird Hunter, in Reading the Legal World suggests the following ideal operational definition of legal literacy. "People using the legal system must be able to guide themselves through a process that they understand [...] and, at appropriate places along the way,

recognize they have a legal right or responsibility, in order to exercise or assume it; recognize when a problem or conflict is a legal conflict and when a legal solution is available; know how to take the necessary action to avoid problems and where this is not possible, how to help themselves appropriately; know how and where to find information on the law, and be able to find information that is accessible to them, know when and how to obtain suitable legal assistance; have confidence that the legal system will provide a remedy, and understand the process clearly enough to perceive that justice has been done...

Translating the information and meanings of the legal system to learners and people with limited literacy skills requires that lawyers and others clearly understand the dual nature of legal literacy: the ability to read and familiarity with the legal context."3 Judges and Lawyers are Aware of the Impact of Literacy Barriers on the Courts In 1990, the Canadian Bar Association established the Task Force on Legal Literacy, to understand more about the relationship between law and literacy. As part of its work, the Task Force undertook a survey of lawyers. This survey revealed that while "more than seven lawyers in ten [...] have had experience with a client or witness with limited literacy [...] lawyers are not yet aware of the extent to which people with limited literacy skills have serious problems undertaking the 'search' that is a central part of using legal information and the legal system. Lawyers are not aware of the nature of the difficulties that these problems create for the lawyer-client relationship."8 The words of the legal professionals quoted in the next seven pages9 highlight the fact that awareness of the relationship between literacy and access to justice has grown since the release of this report in 1992. An increasing number of judges and lawyers are aware of the impact of literacy barriers on the courts and on those who come into contact with the justice system.

Legal Aid In India Whatever standards a man chooses to set for himself, be they religious, moral, social or purely rational in origin, it is the law which prescribes and governs his rights and duties towards the other members of the community. This somewhat arbitrary collection of principles he has very largely to take as he finds and in a modern society it tends to be so diverse and complex that the help of an expert is often essential not merely to enforce or defend legal rights but to recognize, identify and define them. -Mathews and Outton[1] The Encyclopedia Britannica defines legal aid as phrase which is acquired by usage and court decisions, a specific meaning of giving to person of limited means grants or for nominal fees, advice or counsel to represent them in court in civil and criminal matters.[2] Inability to consult or to be represented by a lawyer may amount to the same thing as being deprived of the security of law. Rawls first principle of justice is that each person is to have an equal right to the most extensive total system of equal basic liberties compatible with a similar system of liberties for all.[3] Legal Aid is the method adopted to ensure that no one is debarred from professional advice and help because of lack of funds. Thus, the provisions of legal aid to the poor are based on humanitarian considerations and the main aim of these provisions is to help the povert-stricken people who are socially and economically backward.[4] Lord Denning while observing that Legal Aid is a system of government funding for those who cannot afford to pay for advice, assistance and representation said: The greatest revolution in the law since the post-second World has been the evolution of the mechanism of the system for legal aid. It means that in many cases the lawyers fees and expenses are paid for by the state: and not by the party concerned. It is a subject of such importance that I venture to look at the law about costs-as it was-as such it is-and as it should be.[5] International Status Over seven centuries ago, the beginnings of equal justice under the law were marked by the inscription in the 40th paragraph of the Magna

Carta: To no one will we sell, to no one will we deny or delay right or justice. Thus on the green meadows of Runnymede was sown the constitutional seed of legal aid in the modern world which has travelled to all the continents as part of civilized jurisprudence.[6] The international concern for human rights found expression, after the First World War in covenants of the League of Nations and further in the Declaration of Human Rights, the Conventions which followed specifically incorporated the concept of legal aid. India Humanism, which is the source and strength of legality, is writ large in the theme of legal services to the poor in that part of our planet where backwardness and indigence have struck the hardest blows through the legal process itself on the lowly and the lost.[7] Pre-British India had practiced constitutional monarchy and the days of the Hindu and Muslim rulers had witnessed unsophisticated methodology of dispensing justice to the poor, inexpensively and immediately. In short, justice to the citizens-high and low-has been an Indian creed of long ago.[8] After Independence schemes of legal aid was developed under the aegis of Justice N.H. Bhagwati, then of Bombay High Court and Justice Trevore Harris of Calcutta High Court.[9] The matter of legal aid was also referred to the Law Commission to make recommendations for making the legal aid program an effective instrument for rendering social justice. Coming up with recommendation in its XIV report, under the leadership of leading jurist M.C. Setalvad, the Commission opined that free legal aid is a service which should be provided by the State to the poor. The State must, while accepting the obligation, make provision for funds to provide legal aid. The legal community must play a pivotal role in accepting the responsibility for the administration and working of the legal aid scheme. It owes a moral and social obligation and therefore the Bar Association should take a step forward in rendering legal aid voluntarily. These would include representation by lawyers at government expenses to accused persons in criminal proceedings, in jails, and appeals. The Commission also recommended the substitution in Order XXXIII, Civil Procedure Code of the word pauper with poor persons.[10] Acting on the recommendations of the Law Commission, the Government of India in 1960 prepared a national scheme of legal aid providing for legal aid in all courts including tribunals. It envisaged the establishment of committees at the State, District and Tehsil level. However due to the inability of States to implement the scheme because of lack of finances the scheme did not survive. Meanwhile the judicial attitude towards legal aid was not very progressive. In Janardhan Reddy v. State of Hyderabad[11] and Tara Singh v State of Punjab[12], the court, while taking a very restrictive interpretation of statutory provisions giving a person the right to lawyer, opined that this was, a privilege given to accused and it is his duty to ask for a lawyer if he wants to engage one or get his relations to engage one for him. the only duty cast on the Magistrate is to afford him the necessary opportunity (to do so). Even in capital punishment cases the early Supreme Court seemed relentless when it declared that it cannot be laid down in every capital case where the accused is unrepresented the trial is vitiated. Thus it can be pointed out that newly Independent India was not clear about the broad perspective of its legal aid programme. For again trying to revive the programme, the Government of India formed an expert committee, the Krishna Iyer Committee, in 1973 to see as to how the states should go about devising and elaborating the legal aid scheme. The committee came out with the most systematic and elaborate statement regarding establishment of legal aid committees in each district, at state level and at the Centre. It was also suggested that an autonomous corporation be set up, law clinics be established in Universities and lawyers be urged to help. The Government of India also appointed a committee on judicature under the chairmanship of Justice P.N. Bhagwati to effectively implement the legal aid scheme. It encouraged the concept of legal aid camps and Nyayalayas in rural areas. The committee in its report recommended the introduction of concept of legal aid in the Constitution of India. Accepting this recommendation in the 1976, Article 39-A was introduced in the Directive Principles of State Policy by 42nd Amendment of the Constitution. With the object of providing free legal aid, the Government of India had, by a resolution dated 26th September, 1980 appointed a Committee known as Committee for Implementing Legal Aid Schemes (CILAS) under the chairmanship of Chief. Justice P.N. Bhagwati to monitor and implement legal aid programs on a uniform basis in all the States and Union Territories. CILAS evolved a model scheme for legal aid programs applicable throughout the country by which several legal aid and advice Boards were set up in the States and Union Territories. Although legal aid was recognized by the Courts as a fundamental right under Article 21 reversing their earlier stance, the scope and ambit of the right was not clear till this time. The step was taken in Sunil Batra v. Delhi Administration[13], where the two situations in which a prisoner would be entitled for legal aid were given. First to seek justice from the prison authorities and second, to challenge the decision of such authorities in the court. Thus, the requirement of legal aid was brought about in not only judicial proceedings but also proceedings before the prison authorities which were administrative in nature. The court has reiterated this again in Hussainara Khatoon v. State of Bihar[14] and said: it is an essential ingredient of reasonable, fair and just procedure to a prisoner who is to seek his liberation through the courts process that he should have legal services available to him. Free legal service to the poor and the needy is an essential element of any reasonable, fair and just procedure. The court invoked Article 39-A which provides for free legal aid and has interpreted Article 21 in the light of Article 39-A. The court upheld the right to free legal aid to be provided to the poor accused persons not in the permissive sense of Article 22(1) and its wider amplitude but in the peremptory sense of article 21 confined to prison situations Two years thereafter, in the case of Khatri v. State of Bihar[15], Justice P.N. Bhagwati while referring to the Supreme Courts mandate in the aforesaid Hossainara Khatuns case, made the following comments, in paragraph 4 of the said judgment: It is unfortunate that though this Court declared the right to legal aid as a fundamental right of an accused person by a process of judicial construction of Article 21, most of the States in the country have not taken note of this decision and provided free legal services to a person accused of an offence. The State is under a constitutional mandate to provide free legal aid to an accused person who is unable to secure legal services on account of indigence, and whatever is necessary for this purpose has to be done by the State.

In 1986, in another case of Sukhdas v. Union Territory of Arunachal Pradesh[16], Justice P.N. Bhagwati, while referring to the decision of Hossainara Khatuns case and some other cases had made the following observations in paragraph 6 of the said judgment:Now it is common knowledge that about 70% of the people living in rural areas are illiterate and even more than that percentage of the people are not aware of the rights conferred upon them by law. Even literate people do not know what are their rights and entitlements under the law. It is this absence of legal awareness which is responsible for the deception, exploitation and deprivation of rights and benefits from which the poor suffer in this land. Their legal needs always stand to become crisis oriented because their ignorance prevents them from anticipating legal troubles and approaching a lawyer for consultation and advice in time and their poverty because magnifies the impact of the legal troubles and difficulties when they come. Moreover, of their ignorance and illiteracy, they cannot become self-reliant; they cannot even help themselves. The Law ceases to be their protector because they do not know that they are entitled to the protection of the law and they can avail of the legal service programs for putting an end to their exploitation and winning their rights. The result is that poverty becomes with them a condition of total helplessness. This miserable condition in which the poor find themselves can be alleviated to some extent by creating legal awareness amongst the poor. That is why it has always been recognized as one of the principal items of the program of the legal aid movement in the country to promote legal literacy. It would be in these circumstances made a mockery of legal aid if it were to be left to a poor, ignorant and illiterate accused to ask for free legal service, legal aid would become merely a paper promise and it would fail of its purpose. It was in the above backdrop that he Parliament passed the Legal Services Authorities Act, 1987, which was published in the Gazette of India Extraordinary Part II, Section I No. 55 dated 12th October, 1987. Although the Act was passed in 1987, the provisions of the Act, except Chapter III, were enforced with effect from 9.11.1995 by the Central Government Notification S.O.893 (E) dated 9th November 1995. Chapter III, under the heading State Legal Services Authorities was enforced in different States under different Notifications in the years 1995-1998. Legal Aid under Legal Services Authority Act, 1987: According to Section 2(1) (a) of the Act, legal aid can be provided to a person for a 'case' which includes a suit or any proceeding before a court. Section 2(1) (a) defines the 'court' as a civil, criminal or revenue court and includes any tribunal or any other authority constituted under any law for the time being in force, to exercise judicial or quasi-judicial functions. As per Section 2(1)(c) 'legal service' includes the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter. Legal Services Authorities after examining the eligibility criteria of an applicant and the existence of a prima facie case in his favour provide him counsel at State expense, pay the required Court Fee in the matter and bear all incidental expenses in connection with the case. The person to whom legal aid is provided is not called upon to spend anything on the litigation once it is supported by a Legal Services Authority. Under The Legal Services Authorities Act, 1987 every citizen whose annual income does not exceed Rs 9,000 is eligible for free legal aid in cases before subordinate courts and high courts. In cases before the Supreme Court, the limit is Rs 12,000. This limit can be increased by the state governments. Limitation as to the income does not apply in the case of persons belonging to the scheduled castes, scheduled tribes, women, children, handicapped, etc. Thus by this the Indian Parliament took a step forward in making the legal aid possible in the country. Conclusion Thus we can find a paradigm shift in the approach of the Supreme Court towards the concept of legal aid from a duty of the accused to ask for a lawyer to a fundamental right of an accused to seek free legal aid. But in spite of the fact that free legal aid has been held to be necessary adjunct of the rule of law,[17] the legal aid movement has not achieved its goal. There is a wide gap between the goals set and met. The major obstacle to the legal aid movement in India is the lack of legal awareness. People are still not aware of their basic rights due to which the legal aid movement has not achieved its goal yet. It is the absence of legal awareness which leads to exploitation and deprivation of rights and benefits of the poor. Thus it is the need of the hour that the poor illiterate people should be imparted with legal knowledge and should be educated on their basic rights which should be done from the grass root level of the country. Because if the poor persons fail to enforce their rights etc. because of poverty, etc. they may lose faith in the administration of justice and instead of knocking the door of law and Courts to seek justice, they may try to settle their disputes on the streets or to protect their rights through muscle power and in such condition there will be anarchy and complete dearth of the rule of law. Thus legal aid to the poor and weak person is necessary for the preservation of rule of law which is necessary for the existence of the orderly society. Until and unless poor illiterate man is not legally assisted, he is denied equality in the opportunity to seek justice. Hence in this area we have a huge number of laws in the form of judgements as well as legislations but they have just proven to be a myth for the masses due to their ineffective implementation. Thus the need of the hour is that we need to focus on effective and proper implementation of the laws which we already possess instead of passing new legislations to make legal aid in the country a reality instead of just a myth in the minds of the countrymen.