Outsourcing Legal Services to ... India
Legal Outsourcing to India has been the topic of several LinkedIn Q&As (here and here) as well as some online articles. I'm a huge supporter of various non-traditional work arrangements, including outsourcing. So here's what I think.
I think it's not a good idea.
First, the big three reasons are: security, confidentiality and attorney-client privilege. All of which can be addressed, but if they are not addressed well, can cause huge problems.
Additionally I think there are a lot of less significant, but more difficult to solve issues, as well as a better alternative.
Some of the other issues I see are:
1. Time zones. I need contact with my support staff when I am working. things change rapidly and I don't want to have a case change direction and I can't explain the changes quickly and easily by phone because it's 2 AM in India.
2. Ease of understanding on phone. Even very well educated Indians can be very difficult to understand in person, never the less on the phone. I have clients who have lived in the US for decades and I still need to repeat things to them, and they to me. US English and Indian English are not as similar as one might think.
3. Written syntax is not always the same, causing problems in legal documents.
4. Word having different meanings.
5. Lack of practical knowledge of how things ACTUALLY work rather than how they are taught in law school or written in books.
6. Cultural differences. It may sound like a small thing, but I get highly annoyed at obsequious expressions of understanding of the issues, when what I really want is a quick summary to be certain of that understanding. There are other cultural differences, but this is one I think a lot of people have encountered and can recognize.
7. Lack of specific knowledge of judges and practices in local courts. If I go out of my own local court, I always get an experienced paralegal familiar with that court to help us out with this insiders' knowledge.
And now the practical alternative. When specific knowledge of a specific court is not required, I find outsourcing to some more rural areas of the US allows me to avoid most of the problems I listed. I can find very low rates and the money stays in the US to help the US economy.
Nothing personal, but given a choice, and all other things being equal (quality, speed etc.) I'd rather buy American. And in this case things are not equal - the US services are more appropriate.
