PANGEA3 LLC

I have often encountered initially hesitant clients who later remark upon the surprisingly smooth transition into legal outsourcing. When done properly, a smooth process should be expected. The following presents ABCs on how to take the plunge into legal outsourcing. If you do your homework, the water won’t be as cold as you perhaps expect.

A. Do Smart Due Diligence and Select an Able Legal Outsourcing Company

In Ethics Opinion 08-451, the ABA suggests a framework for diligence in selecting an outsourcing company. In consideration of this framework, I suggest the following:

1. Who are you really hiring to perform your work?
Understand the education and experience of the attorneys who are staffed on your project.

The Indian legal system is based on common law and legal training is, arguably, strikingly similar to that in the U.S., but such is not the case for all foreign jurisdictions where outsourcing is prevalent. Moreover, even within common law jurisdictions, it can not be assumed that an attorney will know how to properly perform on a particular project. Your understanding of the capabilities and limitations of a proposed project team will align expectations and will ensure that your work is entrusted to a company with the requisite expertise. You don’t want your project to be a vendor’s trial and error training tool, and qualifying the education and experience of the attorneys staffed on a project can avoid just that.

2. Will your project receive adequate U.S. attorney supervision?
Ensure onsite oversight.

Surprising as it may sound, not all offshore legal support companies have onsite U.S. attorneys. For obvious reasons, it’s important to clarify the chain of command on each project and, ultimately, to ensure that an onsite U.S. attorney with relevant practice experience is at the head of that command.

3. Are your confidences and data safe and secure?
Investigate security measures, confirm that there is a robust conflict check system in place, and check out the facility.

Confidentiality and data security are paramount whether work is done onshore or offshore. Don’t be hesitant to ask your legal outsourcing provider for details such as:

• How it ensures data safety and monitors physical security;
• Whether it has had breaches in security, what its policies are in the event of breach, and what type of background checks it performs on hires;
• How it avoids conflicts of interest, what type of conflict check database is used, and request a copy of their conflict check procedure;
• What international security certifications have they received, is that certification for the whole facility or only designated portions, and what are the requirements for maintaining certification.

Ask if you can visit the facilities. If you don’t have time for a visit, ask for pictures and ask to speak with clients who have visited. A great company will be proud of its operations, and will gladly show prospective clients around.

4. Check References

The best assurances are from your peers. Don’t be shy about calling references and asking them why they continue to use their provider and what they know now that they would have liked to have known before outsourcing. Many top companies and law firms outsource legal work on a regular basis; take advantage of their experience.

Take your time collecting information, asking follow up questions, and becoming comfortable with your contacts. I guarantee that careful selection of a provider will avoid most or all of the risk and hassle sometimes experienced on a first project. Good things come to those who are best prepared.

For more ideas about screening potential legal service providers, contact info@pangea3.com.