PRACTICAL TRAINING - II

TRIPATHI ABHISHEK AMARNATH ANJANA CONTACT: 7977240941

CERTIFICATE

This is to certify that Mr. Abhishek Amarnath Tripathi, student of Second Year LLB (3 Year
Course) Sem-III has successfully completed the project of Practical Training -II alongside he has
visited the Advocate Firm (Acumen Lawyers Firm) and has attended the visited the Court for case
under Section 25 in The Payment and Settlement Systems Act, 2007 under the guidance of Mrs.
Anupama Rai during year 2021-22.

Teachers Signature Principal Signature

_________________________ _________________________

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INDEX

Sr. No. Particulars Page No.

1 Certificate 1
2 Index 2
3 Legal Aid 3-6
4 Para Legal Services 7-10
5 Public Interest Lawyering 11-12
6 Para Legal Training and Legal Literacy 13-14
7 Advocate Firm Visit Certificate Annexure-I
8 Summon Copy of Case Visited Annexure-II

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1. LEGAL AID

Introduction -

The Legal Services Authorities Act, 1987 has been enacted to provide Legal Aid to the poor and
needy people. The Advocate act 1961 the bar council of India rules has also contain provisions
relating to Legal Aid. The central government has made the national legal services authority
rules 1955 and the Supreme Court Legal Services committee regulations, 1996 to provide legal
Aid full stop State government have also made state legal services authorities rules to provide
Legal Aid.

Constitution of India, Article 39A provides that the operation of the legal system promotes
justice on the basis of equal opportunity and shall, in particular, provides free legal aid by
suitable legalization or schemes or in any other way to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic or other disabilities. The Criminal
Procedure Code 1973 also contains the provisions of free Legal Aid.

1) Criteria for giving legal Aid -

According to Section 12 of the Legal Services Authorities Act 1987, every person who has to file
or defend a case shall be entitled to legal services under this Act if that person is -

(a) a member of a Scheduled Caste or Scheduled Tribe;

(b) a victim of trafficking in human beings or begar as referred to in Article 23 of the

Constitution;

(c) a woman or a child;

(d) a mentally ill or otherwise disabled person;

(e) a person under circumstances of undeserved want such as being a victim of a mass disaster,
ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or

(f) an industrial workman; or

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(g) in custody, including custody in a protective home within the meaning of clause (g) of
Section 2 of the Immoral Traffic (Prevention) Act, 1956(104 of 1956); or in a juvenile home
within the meaning of clause(j) of Section 2 of the Juvenile Justice Act, 1986 (53 of 1986); or in
a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of Section 2
of the Mental Health Act, 1987(14 of 1987);or

(h) in receipt of annual income less than rupees nine thousand or such other higher amount as
may be prescribed by the State Government, if the case is before a court other than the Supreme
Court, and less than rupees twelve thousand or such other higher amount as may be prescribed
by the Central Government if the case is before the Supreme Court.

2) Entitlement for Legal Aid -

According to Section 13 of the Legal Services, Authorities Act 1987 the following are entitled to
Legal Aid and services.

(1) Persons who satisfy all or any of the criteria specified in Section 12 shall be entitled to
receive legal services provided that the concerned Authority is satisfied that such person has a
prima-facie case to prosecute or to defend.

(2) An affidavit made by a person as to his income may be regarded as sufficient for making him eligible
to the entitlement of legal services under this Act unless the concerned Authority has reason to disbelieve
such affidavit.

3) When legal Aid may be refused -

Legal services or legal Aid may be Refused -

(1) to a person in a case of contempt of court.

(2) To a person in a proceeding relating to any election.

(3) In proceedings under immoral Traffic (Prevention) Act 1956, expect to a victim of trafficking
in human beings.

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(4) In proceeding under the Protection of Civil Rights Act 1955 except the person who is
subjected to any disability under the said Act.

(5) To a person accused of an offense committed under the Schedule Caste and Scheduled Tribes
Prevention of Atrocities Act 1989.

(6) to a person in a case of defamation or malicious prosecution where this secretary is satisfied
that it is suitable case for such refuser in the totality of facts.

4) Modes of providing legal aid -

Legal services may be given in any one or more of the following modes -

(i) Towards payment of court fee, process fee and other charges payable or incurred in
connection with any legal proceedings;

(ii) True engagement of a legal practitioner;

(iii) For obtaining and supply of certified copies of judgment order and other documents in legal
proceedings.

Payment of court fee process fee and other expenses shall be allowed to the extent as per the
general order of State authority.

5) Statutory provisions of legal aid -

Section 304 of the code of criminal procedure provide that -

(1) Where, in a trial before the Court of Session, the accused is not represented by a pleader, and
where it appears to the Court that the accused has not sufficient means to engage a pleader, the
Court shall assign a pleader for his defense at the expense of the State.

(2) The High Court may, with the previous approval of the State Government, make rules
providing for-

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(a) the mode of selecting pleaders for defense under sub-section (1);

(b) the facilities to be allowed to such pleaders by the Courts;

(c) the fees payable to such pleaders by the Government, and generally, for carrying out the
purposes of sub-section (1).

(3) The State Government may, by notification, direct that, as from such date as may be specified
in the notification, the provisions of sub-sections (1) and (2) shall apply in relation to any class of
trials before other Courts in the State as they apply in relation to trials before Courts of Session.

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2. PARA LEGAL SERVICES

Who is a Paralegal?

Paralegals are the qualified people, who work as subordinates to the lawyers. Law offices or
other such agencies and perform the work delegated to them by their superiors. Their work
includes researching on the precedents, investigating a caster, preparing Legal documents or
providing their assistance to the lawyers. In most of the law firms, the senior associates rely on
the work of a paralegal.

Duties of a Paralegal

The main duties of a paralegal include providing support to the attorneys. They assist the senior
lawyers by preparing the documents and arranging them for their meetings, hearings, etc. A
paralegal needs to maintain the confidentiality and decorum in the law firms they work in.
However, it’s important to note that paralegals aren’t allowed to represent their clients in the
court. They can just do the subordinate work. Following are the main tasks that one can expect
from a paralegal:

• Collecting the documents, like evidence or affidavits

• Researching on the case, through online or on fieldwork
• Writing research papers or reports for the law firm they work in
• Draft pleadings for submission in courts
• Prepare documents like Sale contracts, property transfer papers, or wills,
• They can interview the clients or witnesses
• They review the legal documents that need to be submitted in the court of law
• Briefing about the case to their seniors is one important task they have.

Types of paralegals

Since the law is a diverse subject, the type of attorneys may also differ, depending on their
specialisation. One may be a civil, or a criminal, or corporate attorney. Similarly, since the
Paralegal work under these attorneys, there are several different kinds of paralegals. Those are
mention herewith:

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• Litigation paralegal: Litigation is the process of settling the dispute in courts. The main
tasks assigned to such paralegals include preparing for trials, researching the precedents,
interviewing witnesses and clients, assembling documents for the senior etc. Finding the
key evidence to defeat the opposition is one crucial task they have. If you are a person
who likes the hustle and don’t want to do the desk job, this type of paralegal option is
perfect for you.
• Intellectual property paralegal: IPR is one of the most trending law subjects in India.
Since everyone needs to protect their inventions and their creation of the world,
Intellectual property plays an important role. IPR contains 3 basic segments- Patent,
trademark and copyright. A paralegal can indulge in any of these particular fields. This
work mostly requires you to do a desk job, since most of the paralegal work associated
with it requires study and research work only.
• Real estate paralegal: A paralegal who specialises in this area, needs to review the sale
and purchase of properties; writing lease agreements etc.
• Bankruptcy Paralegal: Since the introduction of The Bankruptcy Code 2016, the work
associated with managing bankruptcy has taken a substantive turn.
• Consumer protection paralegal: It requires a deep knowledge of acts like Consumer
Protection Act 2019, Sale of Goods act,1930; The Contract Act 1872, etc. interviewing
clients and assisting the senior’s advocates for the trials in consumer courts is the duty
expected from them.
• Corporate Paralegal: Big corporate firms have their own personal legal team for it. Issues
like mergers, acquisition, competition laws, are the main arena of research that need to be
performed in.
• Family paralegal: As a family paralegal, you will have to be working under family law/
civil law, and dealing with issues like divorce, inheritance, partition, determining the
legality and illegality of wills, adoption cases etc. One has to be quite sensitive and
patient while interviewing the clients.
• Freelance paralegal: Freelance paralegal tied up to a single firm or attorney, rather they
work on a contractual basis. One can be their own boss if they choose freelance paralegal.

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However, one has to make sure that they have enough clients who would need their
services from time to time. One can’t just start their own business of freelance paralegal
if they don’t have enough contacts with the law firms and agencies. The job includes
preparing the transcripts according to court guidelines, formatting contracts etc.
• Immigration paralegal: These paralegals may work with the government or otherwise in
their immigration department. These paralegals have to be fluent in different languages.
Beyond just legal knowledge, they must know different languages, especially of the
neighbouring county’s local languages.
• Employment paralegals: The employment paralegals closely studies the employment
contracts, or the laws related to non-discriminate payments, and trade disputes etc. One
has to be quite pursuant and sensitive towards the labours while interviewing them. Also,
fluency in local languages and human interaction skills are additional sets of skills
required for the Employment paralegals.

Advantages of becoming a paralegal

• Good returns with low investment: the paralegal studies are only limited to 1-2
years of study, and that too mostly diploma or online course. This is a course that one can
even do with other types of managerial or law-related courses. Hence, you wouldn’t be
only confined to one course but many others. If you don’t have 5-7 years to spend
studying, then, you can definitely go for paralegal certified courses. The return is also
quite hefty since there are more and more openings for paralegal jobs.
• In-depth knowledge of the subject: In case you are a paralegal, you would
definitely indulge yourself in intense research works. This will expand your knowledge
related to the topics you are assigned. With time, you would have an immense
understanding of your field, which would help you gain a high-level position in the firms
you work in.
• Opportunity for growth: there is an opportunity for a paralegal to secure
managerial and supervisor positions.
• Intense about of job options: Paralegals could either work in various different
areas of law, or they could even choose other fields than law, like, insurance, finance,
armed forces etc

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• Open avenues for law schools: undertaking paralegal jobs before your law school
could help you in a dual way, one, the experience counts, and the other hand, is that in
case you have a finance problem, doing a paralegal job would definitely help you save
the salaries from the job. This would give you an advantage over the other students
applying in law schools with just graduation. Since you would have researched on so
many topics, the extent of the knowledge and experience would prove to be an advantage
for you. Most of the students, who aim to get into the Ivy leagues, perform paralegal jobs,
and after a good amount of experience and letter of recommendations, they apply for the
law school they aspire.

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3. PUBLIC INTEREST LAWYERING

Public interest lawyering is a process of legal empowerment aimed at capacity building of everyday
people towards using the law and institutions to bring about social change. In public interest lawyering,
general people and community takes the lead in an active process while working hand in hand with
lawyers. It is a process that requires the participation of the affected community from onset. Public
interest lawyering bridges the paternalistic gap that exist between the lawyer and the end users of the laws
within our communities, whereby the communities are disregarded in the articulation of legal issues
surrounding them. Today we understand that the significance of legal empowerment especially towards
poverty reduction can be seen with the established link between legal rights and poverty. It is therefore
the moral duty of lawyers to teach and educate the public about the law and how to use the law to achieve
common good that will positively impact on all the people with the same characteristics. The role of
lawyers as agents of change and builders of civil society ought to be made apparent from beginning just
as medical doctors have the underlining principle of saving life.

Public Law Interest Persons

Public interest lawyers, paralegals, law students, and legal professionals provide legal services free of
charge or for a substantially lower fee to underserved segments of the public such as the indigent, the
elderly and others who cannot afford legal services.

Who They Represent?

Public interest lawyers and non-lawyers provide legal services to individuals, groups, and organizations
that are historically unrepresented in society. Studies show that about 80% of the legal needs of the poor
in the United States remain unmet, despite existing federal, state and volunteer programs that provide
legal services to low-income people. Public interest law professionals also fight for the underdog. They
seek to enact policy change and advocate for civil liberties. These professionals fight for environmental
protection, consumer rights and other causes for the betterment of society.

Pro bono work is a form of public interest work; law firm and corporate legal employees volunteer their
time to offer free legal services for the greater good.

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Types of Public Interest Cases

Public interest lawyers, paralegals, law students, and other workers handle matters that reflect broad areas
of public concern—from housing discrimination to immigration to child welfare—and work on a variety
of cases and causes. For example, a public interest lawyer might:

• Help clients file domestic violence protective orders

• Assist unemployed workers to obtain unemployment benefits or file for consumer
bankruptcy
• Represent tenants in eviction cases
• Draft letters and prepare case memos regarding inmates claiming wrongful conviction
• Defend against a financial institution's predatory lending practices
• Perform legal intake and case follow-up with patient families being treated at children's
hospitals or clinics
• Represent migrant farmworkers in labour disputes
• Help legislators achieve regulatory reform
• Interview clients and give Know-Your-Rights presentations at juvenile detention
facilities and regional jails
• Prepare wills and advance directives for seniors
• Perform legal research in cases for clients with asylum or other immigration law issues.
• Advocate in court for the best interests of abused or neglected children
• Help the homeless obtain public benefits such as food stamps, Medicaid, or Social
Security disability benefit

Advantages and Disadvantages of Public Service Work

Public interest work offers many advantages over private practice – from valuable experience and
personal satisfaction to a better work-life balance. The primary disadvantage of public interest work is
compensation: jobs in the public interest sector generally pay less than a law firm and corporate positions.

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4. PARA LEGAL TRAINING AND LEGAL LITERACY

PARA LEGAL TRAINING

Many paralegals have completed a formal paralegal education program. Others have only on-the-job
paralegal training. Formal paralegal education programs may result in a certificate, diploma, higher
diploma, advanced diploma, associate degree, bachelor's degree, master's degree, or paralegal certificate.
Many paralegals have completed all of their training before entering the profession, while others have
completed their education while working their way up from the mailroom in a law firm. Many paralegals
take Continuing Legal Education (CLE) courses to fulfil the requirements of their firm, state, or
association. It only takes 2 to 4 years to become a paralegal.

LEGAL LIRERACY: -

Literacy is ability to use printed and written information to function in society, to achieve one’s goals and
to develop one’s knowledge and potential". In recent years, focus of literacy has changed from an
emphasis on level of schooling to focus on functional skills. “Legal Literacy is the core basis of the
survival of our Constitutional Democracy. Our entire judicial set-up functions on the presumption that all
people are aware of their rights and are able to approach the concerned institution.”

LEGAL LITERACY IN INDIA: -

Legal awareness and knowledge are an indispensable part of a citizen’s education program which will
enlighten and empower him to scale new heights of progression and free himself from the excesses of the
executive or any existing authority. It is the central key to unlocking the door of positive change that we
have cried out for so long in the years gone by and desire so much. This article stresses on the importance
of Legal Literacy and how it can affect the pattern of overall development this New Year. January 2015,
marks the beginning of a New Year, opening up a whole new horizon of possibilities and positivity and a
resounding and rejuvenated promise of ‘good old days’, which was the earmarked sound heard across the
length and breadth of India. However, in the wake of such grandiose assurances and brimming positivity
in the Indian political arena that dominated the media all through 2014, a little introspection regarding
what went by and where we are today will not only help us in understanding our present standing better
but also aid in keeping a tab of ‘rights and the wrongs’ which need to be used as stepping stones for 2015
as the political force will continue to alter, but the masses remain constant and the future of a democracy

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truly lies with them. India has the distinction of being the world’s largest functioning democracy. Ever
since her independence, India has been growing and developing through a democratic system of
governance which involves self-rule by the people, clearly implying that the citizens are the constituents
of not only the country but the foundation of democracy on which the entire structure of our legal
framework lies. Laird Hunter, in reading the legal world register 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 with the way

• Recognise they have a legal right or Responsibility, in order to exercise or assume it;
• Recognise when a problem or conflict is a legal conflict and when a legal solution is available;
• know how to take 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 assistant.
• have confidence that the legal system will provide a remedy, and
• Understand the process clearly enough the perceive that justice has been done

Translating the information and meanings of the legal system to learners and the people with Limited
literacy skills requires that lawyer and other clearly understand it dual nature of legal literacy, the ability
to read and familiarity with the legal context."

Legal literacy is commonly understood as knowing the primary level in law. When citizens particularly
marginalized or underprivileged groups, know what the law has to offer them, they can recognize and
challenge injustices much more forcefully. The first step towards that knowledge of the law, which can
transform people's lives, is legal literacy. CHRI (Commonwealth Human Rights Initiative) firmly believes
that it is essential to use this knowledge as a tool for vulnerable ground to be able to understand and
critique the law, to familiarize themselves with the scope of their rights under the law, and eventually to
assert their rights as a means to take action and bring change.

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