Govt job update jobs inn jammu kashmir salary Rs 75000
NOTICE INVITING APPLICATIONS FOR ENGAGEMENT AS FULL TIME LEGAL AlD LAWYERS IN LEGAL AID DEFENSE CcoUNSEL OFFICE
In response to earlier notification dated 25.08.2022, 10 districts of U.T of J&k was shortlisted for introducing LADCS in the first phase but due to non-availability of qualified candidates and at few places non-joining of some selected LADCS the positions notified remained vacant. It has also been observed that there is requirement of more Assistant LADCs in some districts due to huge pendency of cases. Accordingly, applications are invited from eligible lawyers having requisite qualification for full time contractual engagement for the below mentioned posts shown against the respective district as per the scheme.
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The Scheme of engagement along with application form may be downloaded from the official website of SLSA (http:jkslsa.gov.in) and can also be perused on the Notice board of DLSA concerned. The duly filled application form along with self-attested copies of documents shall be submitted to respective DLSA either through speed post or personally in the office of the Secretary, DLSA latest before 4.00 pm on February 17, 2023. Any application received after due date and time shall not be considered/ entertained. Note: Applying for engagement does not create any right/ assurance whatsoever. The Lawyers so engaged therein will not be allowed to take any other private cases or any other retainership
1. 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.
2. 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:-
a) 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.
b) 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.
c) 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.
3. Work Profiles :
a) 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.
b) 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.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.
c) 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 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,
4. 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.
5. 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.
6. 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 prorata 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.
7. 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.
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