IS IT ETHICAL TO OUTSOURCE LEGAL WORK? IS THE OUTSOURCING COMPANY ENGAGED IN THE UNATHORIZED PRACTICE OF LAW?
As of 4Q2007, 4 bar associations have addressed outsourcing (1 in New York, 2 in California, and 1 in Florida). Three of the opinions are final and one is “proposed”. All four have determined that outsourcing is ethical, so long as certain conditions are met, virtually all of which already apply to US lawyers today. These include the duty to supervise associates and others working on a client’s case, notify the client of certain activities where appropriate, maintain the client’s secrets and avoid conflicts of interest. Under the conditions established in the opinions, the American and Indian lawyers are NOT engaged in the unauthorized practice of US law, and, if you observe those conditions, you are not breaching any ethical duties by utilizing them. A summary of each opinion, as well as the full text of each opinion, can be found on the Legal Ethics portion of our website.
