Section 35 in The Maharashtra State Legal Aid and Advice Board Rules, 1981
35. Responsibility of Advocates and Assistants and Applicants in Legal Aid and Advice Programme.
(1)The Advocate on the panel to whom a case is assigned or referred is expected to keep confidential instructions and facts regarding the applicant whose interests are entrusted to his care and custody. Similarly all persons associated in processing legal aid and advice assistance or applications are expected to regard as safe trust the information that may come to their notice or knowledge in respect of the applicant or his case. Further the Advocate on the panel shall see that the applicant executes all agreements in Form C of the Scheme as required under clause 31(2) of the Scheme.(2)Endeavour shall be made by every Advocate in each case when proceedings are before any public authority or court that Case is expeditiously disposed of to save cost and delays. Ordinarily the Advocate on the panel appearing for the applicant before a Court or authority shall not consent to adjournment of the proceedings unless for good and sufficient reason and unless adequate compensation is ordered by the Court or authority for the adjournment to be paid to the applicant. The compensation or cost awarded to the applicant for adjournment shall be credited to the State Government.(3)At the first meeting with the applicant, the Advocate on the panel to whom his case is assigned shall ascertain in full details all the information and instructions necessary to understand and appreciate the problems or difficulties of the applicant in respect of the subject matter of the dispute or claim. The applicant shall be asked to produce all the documents, if any, relevant to the case in his possession. If the applicant is not in possession of documents or information and is unable to produce copies or documents within reasonable time, the members of the committee, members of the Conciliation Cell or other cell and other social workers who may be associated with the work of the Committee, shall be requested to render to the applicant to secure information regarding the facts and documents.(4)If an application is required to be made for securing copies of necessary documents, the advocate shall make application on behalf of the applicant for which funds shall be provided by the Member Secretary of the Committee.(5)In any case where the applicant is in a position to incur the expenses for procuring copies of documents or information, applicant may be assisted in securing the copies or documents at his own cost.(6)The Advocate on the panel having secured necessary information and instructions and documents shall study the case and draw up his opinion in writing in duplicate.(7)Where the case is referred to the Advocate on the panel only for advice, opinion shall be recorded in writing and explained to the applicant in a manner and language that may be understood by the applicant.(8)If the Advocate on the panel is of opinion that a proceeding shall be commenced or the applicant shall be defended in the matter already before the Court or authority, the Advocate may take necessary steps for drawing up claims to be filed or take any other necessary steps on behalf of the applicant.(9)If the Advocate on the panel is of opinion that considering all the facts and circumstances of the case, it shall be advantageous for the applicant that the matter is amicably settled, the advocate shall record such opinion giving full reason for this advice.(10)Where it is considered advisable that the matter shall be settled, a letter of request shall be issued to the opposite party to make it convenient to appear for a conference or discussion at the date and place to be indicated in the letter and request shall contain a brief statement of claim of the applicant. The letter of request shall be sent by registered post acknowledgement due.(11)If the opposite side on receipt of letter of request appears for discussion, the matter shall be discussed in the presence of parties with the assistance of such members of the Conciliation Cell as shall be available or interested in participation.(12)If it is found that the applicant shall be benefited by having the matter settled on certain terms, the applicant may be advised accordingly.(13)If on such advice being tendered in writing the applicant is unwilling or unable to have the matter settled, the fact should be got recorded as far as possible under the applicant's own handwriting and then the matter shall be referred to the Committee for decision as to giving further aid.(14)Where it is found that the matter cannot be amicably settled the Advocate shall take the necessary steps to prosecute or defend the claim, as the case may be, before the appropriate authority.
