Tag Archives: LPO Delhi

Legal Outsourcing and its growth in India

This article analyze the emergence of LPO in India, as well as its future growth. The outsourcing originally denoted the practice of sending work to third party companies in the U.S., it  gradually expanded to include sending work abroad, a practice that eventuallyeclipsed domestic outsourcing. Offshore outsourcing is not a new phenomenon.  Companies have been referring work to foreign third parties for many years. In the 1990s, as organizations began to focus more on cost-saving measures, they started to outsource those functions necessary to run a company but not related specifically to the core business.
The service industry now known as “Business Process Outsourcing” (“BPO in a relatively short period of time, global outsourcing has become a multi-billion dollar industry. Since the turn of the 21st century, growth has snowballed, going from approximately $119 billion in 2000 to approximately $234 billion in 2005. By the end of 2008, revenues are projected to rise to around $310 billion. The United States is one of the biggest consumers of outsourcing services. Approximately 59% of the global trade in outsourced work originates in North America. The next closest consumer is the European Union, which consumes approximately 27% of the market. Love it or hateit, offshoring is here to stay, and the trend appears to be for more offshoring, not less.
Legal Process Offshoring (“LPO”) was developed as a KPO service set for the legal industry. LPO can be traced back as far as 1995, when the law firm Bickel and Brewer first opened a satellite office to processadministrative. The most modern incarnation of LPO dates back to 2001, when GE created a captive center in Gurgaon, India to absorb in-house legal work. The usefulness of captive LPO centers was initially limited because it was difficult to get workflow to and from the captive centers in a timely fashion. Over the last couple of years, technological advancements have enabled service providers to make LPO more responsive—and potentially more useful—to law firms in primary markets such as the United States and United Kingdom.

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Can U.S. Attorney / Law Firm Ethically Or Legally Outsource Legal Process

Outsourcing Legal Support Services Overseas, Avoiding Aiding a Non-Lawyer in the Unauthorized Practice of Law, Supervision of Non-Lawyers, Competent Representation, Preserving Client Confidences and Secrets, Conflicts Checking, Appropriate Billing, Client Consent.

CODE: DR 1-104, DR 3-101, DR 3-102, DR 4-101, DR 5-105, DR 5-107, DR 6-101, EC 2-22, EC 3-6, EC 4-2, EC 4-5.

May a New York lawyer ethically outsource legal support services overseas when the person providing those services is (a) a foreign lawyer not admitted to practice in New York or in any other U.S. jurisdiction or (b) a layperson? If so, what ethical considerations must the New York lawyer address?

For decades, American businesses have found economic advantage in outsourcing work overseas.  Much more recently, outsourcing overseas has begun to command attention in the legal profession, as corporate legal departments and law firms endeavor to reduce costs and manage operations more efficiently.

Under a typical outsourcing arrangement, a lawyer contracts, directly or through an intermediary, with an individual who resides abroad and who is either a foreign lawyer not admitted to practice in any U.S. jurisdiction or a layperson, to perform legal support services, such as conducting legal research, reviewing document productions, or drafting due diligence reports, pleadings, or memoranda of law.

Whether, under the New York Code of Professional Responsibility (the “Code”), a lawyer would be aiding the unauthorized practice of law if the lawyer  outsourced legal support services overseas to a “non-lawyer,” which is how the Code describes both a foreign lawyer not admitted to practice in New York, or in any other U.S. jurisdiction, and a layperson. Concluding that outsourcing is ethically permitted under the conditions described below, The ethical obligations of the New York lawyer to

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Legal Outsourcing India Ethical issues

There is a five major ethical/professional conduct issues raised by LPO that is (1) Unauthorized practice of law by non-lawyers; (2) conflicts of interest; (3) client confidentiality; (4) client disclosure and consent; and (5) billing issues related to outsourcing. The Model Rules of Professional Conduct, the Formal Opinions issued by the ABA Committee on related subjects, and the recent opinion on LPO issued by the NYC Bar.

As is discussed below, the American Bar Association (“ABA”) has addressed the issue of outsourcing in the context of domestic contract attorneys. The ABA recommendations on that subject provide the most useful available starting point for analyzing the ethical implications of LPO.

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