Tag Archives: LPO Firm India

Top Trends in Legal Outsourcing India

A breif about the changing dynamics which are set to impact the legal outsourcing industry in the coming year.  “We see 2011 as a pivotal year for legal outsourcing as the industry continues its development from a niche practice to a truly global industry.” –Fronterion Managing Principal, Michael D. Bell.  Following a breakthrough year of big deals and industry buyouts for LPO in 2010, the Fronterion Ten for 2011: Top 10 Trends in Legal Outsourcing for 2011 reveals the most important trends in legal outsourcing for the next 12 months.

Ripples from the rapidly growing legal outsourcing industry are shaping professional ethics, altering long-standing law firm-client relationship dynamics and challenging the general notion of how legal services are procured, delivered and consumed. “The coming year presents a number of new and exciting opportunities for the LPO industry, and a fair share of challenges, as well. The firms that will be the most successful will be those with the ability to recognize and respond to change.” – Ten for 2011: Top 10 Trends in Legal Outsourcing for 2011.

A Fundamentally Changing Legal Profession. Continued downward pressure on costs and the globalisation of legal services provide a perfect environment for LPO. Those who refuse to engage with LPO will increasingly become a minority – the industry can no longer be ignored.  Enterprise Approach. Many firms already outsource legal work at partner or department levels. However, LPO is more effective and efficient when a firm implements a firm-wide or ‘enterprise’ approach, led by senior management.  Onshore Expansion. The growth in onshore and hybrid on-offshore delivery solutions will begin in earnest in 2011. This trend will be equally prevalent in the United States and United Kingdom, with LPO providers and firms already building capacity.  Expanding Client Geographic/Jurisdictional Reach. Demand for LPO services will spread to new markets. In the US, law firms in Texas, the Midwest and the Pacific Northwest are potential growth markets for LPO. In the UK, regions outside of London are also emerging growth markets. However, continental Europe will remain a challenging environment for LPO.  Progressive Value Proposition. LPO providers will have to offer more services and a more progressive value proposition to remain competitive. Alongside traditional litigation support, LPO vendors may also have to offer contract portfolio servicing, compliance, diligence, human resources, medical and broader legal support functions.  Increasing Technology Applications. As a result of the growing importance of technology, LPO vendors will use technology as a key selling point. Technology platforms will be used to offer diversified services and as a means for vendors to further embed themselves in client organizations.  The unprecedented growth and industry consolidation initiated in the fourth quarter of 2010 will continue to shape the dynamic LPO vendor landscape in the coming year. Overall, these consolidation trends are positive for the industry as vendors emerge stronger, more capitalized and, most likely, considerably larger.  The growing acceptance and adoption of onshore and offshore LPO will become more visible in the coming year. This will become increasing prevalent in the US, where in past five to six years, corporations and law firms have remained virtually silent on all LPO related matters. Competition means that LPO vendors will have to differentiate themselves from each other in terms of services offered and delivery models. No dominant model exists (yet) and a range of different approaches will emerge next year.  Regulatory bodies start to address the changing legal landscape. In the US, ethical commentary is expected from the ABA’s Commission on Ethics 2020. In the UK, announcements are expected from the SRA and the Law Society. Other jurisdictions that have been silent so far may follow suit, such as Australia, Canada, and South Africa.

Legal Research and Writing Services Provider India

Generally, a legal research and writing services provider may not be lawyer in your jurisdiction; rather, the provider will be working under lawyer’s general supervision as a subcontractor to lawyer. Therefore, it is not necessary for the provider to be licensed in lawyer’s state.

Usually, US lawyers provide research subscription plan to a dedicated research and writing services provider that includes all of the materials that lawyer would want access to. Legal researcher may should bill lawyer for the cost of accessing any databases or materials that are relevant to the legal issues involved.

As with any other type of contract, it is wise to have a written agreement with service provider. At a minimum, the agreement should include provisions:
(1) requiring the provider to maintain the confidentiality of any and all client information the provider learns while working on matters for US Lawyer, to the same extent as if the provider had an attorney/client relationship with US lawyer’s clients; (2) establishing the basis for and amount of payment to the service provider to research and draft a particular motion); and (3) addressing how disbursements will be handled (4) setting forth the choice of law and forum in the event that a dispute arises.

If the service provider is billing on an hourly basis, US Lawyer should ask to receive regular progress reports. US Lawyer can also instruct the provider not to spend more than a certain amount of time on a project. Although such an approach will make the provider’s total fees more predictable, the project may not be completed within the allotted time. U S Lawyer can also negotiate a flat fee for the entire project.

U S Lawyer may enter into a broad agreement designed to set the ground rules for work on an unlimited number of current and future matters, or a more limited agreement that applies only to one matter. If U S Lawyer enter into a broad agreement, make sure that he specify the scope of each particular project in writing at the outset of the project. A critical part of establishing a project’s scope is to clearly define the research issues. It is also important, however, to be open service provider’s input, since initial research may sometimes enable the provider to identify other issues that impact case. Service provider should bring these issues to U S Lawyer attention and obtain express authorization to go beyond the initial project scope before proceeding.

Top ten points before Outsourcing legal Services

Part -I - As various state and city bar associations have blessed offshore legal process outsourcing subject to compliance with many specific ethical considerations. The ethics opinions frame the minimum standards for lawyers to avoid losing their licenses.

Beyond such ethical and disciplinary considerations, the big question is how to make LPO effective and within the ethical framework and suggests some business management issues that require individual attention by corporate counsel and law firms considering significant levels of LPO.

Avoid Unauthorized Practice of the Law

Ethics opinions of bar associations generally hold a lawyer hiring or supervising an LPO provider responsible for facilitation, by action or inaction, of the unauthorized practice of the law.  The Florida’s Bar Association attempted to provide some clarity to this concept by suggesting a rights-based analysis whether an activity constitutes the practice of law.  The bar opinions generally refrain from concluding that any particular LPO constitutes “unauthorized practice,” leaving that issue open for the attorney and the courts to decide in each case.

Avoid Malpractice

There is nothing unethical about lawyer outsourcing legal and nonlegal services.” But to be legal, the lawyer who outsources any legal or nonlegal function must render legal services to the client with the “legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. This is sometimes referred to as the “duty of competency.  A lawyer engaging others to deliver non-legal or legal services must make “reasonable efforts” to ensure that the third-party service provider, if a lawyer, conforms to the Rules of Professional Conduct and, if not a lawyer, delivers the services in a manner that is compatible with the professional obligations of the lawyer.