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Report Accompanying ABA Ethics 20/20 Commission’s New Outsourcing Resolution Suggests Supervision Standard Less Client-Protective than Existing Law

For the past year and a half, the ABA’s Ethics 20/20 Commission has been considering changes to the Model Rules of Professional Conduct as they relate to domestic and international outsourcing. Yesterday, the Commission issued its Revised Draft Resolution on the subject for comment. The Revised Draft Resolution is the fourth version of proposed changes […]

Former chief CT ethics regulator is gravely misinformed about legal outsourcing – UPDATED

In an article in the July 27 Connecticut Law Tribune, Mark Dubois, Connecticut’s former chief disciplinary counsel, reveals a troubling misunderstanding of the national consensus concerning the ethics of legal outsourcing. Dubois—who, according to his firm’s website, “is recognized as an authority on lawyer discipline matters and the unauthorized practice of law”—was Connecticut’s chief disciplinary […]

Why Connecticut Shouldn’t Ban Legal Process Offshoring

The Connecticut Law Tribune reports today that Connecticut state Rep. Patricia Dillon has introduced a bill designed to prevent companies from offshoring the drafting, reviewing or analyzing of legal documents to unlicensed workers overseas. The bill (HB 5083) amends Connecticut Gen. Stat. §51-88 “to provide that the practice of law includes (1) drafting, reviewing or […]

Ethics 20/20 Comments Show Preference for Domestic Outsourcing Among Solos/Small Firms and In-House Counsel, Stress Risk of Outsourcing Abroad

Last week, the ABA’s Commission on Ethics 20/20 issued a discussion draft of proposed changes to the Model Rules of Professional Conduct as they relate to domestic and international outsourcing, along with a number of related documents, including (among other things) a compilation of the the comments it received. The commenters fall into a few […]

ABA Ethics 20/20 Discussion Draft on Outsourcing is Good News for Freelance Attorneys

Yesterday, the ABA’s Commission on Ethics 20/20 issued a discussion draft of proposed changes to the Model Rules of Professional Conduct (or, more accurately, the comments to the Model Rules) as they relate to domestic and international outsourcing. The proposed changes don’t introduce anything new or surprising; rather, they merely elevate many of the points […]

Virginia LEO 1850 is Latest Ethics Opinion to Support Legal Outsourcing

As Virginia Lawyers Weekly reported last Friday, the Virginia State Bar recently released a draft of its Legal Ethics Opinion 1850, entitled Outsourcing of Legal Services. The opinion doesn’t break any new ground; instead, it’s merely the most recent ethics opinion to support outsourcing. Although bar association ethics opinions relevant to outsourcing in general—and contract […]

Independent U.S. Contract Lawyer Takes On Foreign LPO: Round 2

Last fall, I wrote about the risks that lawyers take when they outsource work to foreign legal process outsourcing companies. The primary risk I focused on wasn’t the possibility that the foreign provider might violate confidentiality or conflict of interest rules: it was the risk that the LPO company would produce substandard work. My last […]

Hollywood Reporter Story Inaccurately Implies that Sacha Baron Cohen Won Defamation Appeal by Working Directly With Indian LPO

THR, Esq., The Hollywood Reporter’s legal blog (“the intersection of hollywood [sic] and law”) reported today on Sacha Baron Cohen’s appellate victory in a defamation and intentional infliction of emotional distress action brought by a former girlfriend. Ordinarily, I wouldn’t pay much attention to a story like that (though I adored Cohen in Talledega Nights: […]

Independent US Contract Lawyer Takes On Foreign LPO

I’ve taken a fair amount of heat for pointing out that ABA Formal Op. 08-451, which states (with some important caveats) that foreign legal outsourcing is ethical, is actually good news for independent US-based contract lawyers because the same principles that allow firms to send legal work overseas also allow law students and graduates awaiting […]