Showing posts with label Legal Outsourcing. Show all posts
Showing posts with label Legal Outsourcing. Show all posts

Tuesday, September 30, 2014

Legal Outsourcing and its growth in India

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 1990's, 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.

Top ten points before Outsourcing legal Services

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.