Outsourcing Legal Research and Brief Writing

Key Takeaways

1. Time and Cost Savings: Outsourcing legal research and writing to freelance lawyers and alternative legal service providers allows you to manage your time more effectively and save costs during peak periods.
2. Ethics: Firms must follow ethical guidelines when outsourcing, including transparent billing and client consent.
3. Access to Expertise: By outsourcing legal tasks, firms can tap into expertise and improve quality control so they can focus on high value work and client satisfaction.

Small firms and solo practitioners outsource legal research and brief writing to freelance (aka contract) lawyers and contract attorneys for many reasons. One reason is time: unfortunately, lawyers aren’t in control of their own time. Deadlines – whether statutory, court rules or judicial fiat – are always looming. It seems everything must be done at once. Outsourcing allows you to ride out busy periods without having to hire an employee or face time pressures that lead to stress and burnout.

Here are five useful things to know about outsourcing legal research and brief writing.

1. Legal research outsourcing and writing can help your firm’s bottom line.

With one exception,* all of the bar associations that have addressed the issue (including, most notably, the American Bar Association) have determined that a lawyer may add a surcharge to a freelance lawyer’s fees—in other words, make a profit on work performed by a freelance lawyer — as long as the total charges to the client are reasonable. See:

• ABA Formal Opinion 08-451 (Lawyer’s Obligations When Outsourcing Legal and Nonlegal Support Services)
• ABA Formal Opinion 00-420 (Surcharge to Client for Use of a Contract Lawyer)
• ABA Formal Opinion 88-356 (Temporary Lawyers)

* The exception is the Professional Ethics Committee for the State Bar of Texas. However, the committee’s reasoning in Opinion 577 (March 2007) is questionable.

2. If you are making a profit on work performed by a freelance lawyer, to comply with ethics requirements, you must bill the freelance lawyer’s services as a fee (i.e., in the same manner as you would bill for your own time), rather than as a disbursement (i.e., in the section of the bill detailing expenses incurred for such items as court reporters).

As long as payment of the freelance lawyer’s fee isn’t contingent on the outcome of the litigation, you’re not required to disclose how much you’re paying the freelance lawyer; in other words, you don’t have to reveal the amount of your profit. This position makes sense: After all, if an associate (i.e., your employee) was working on a client’s matter, you wouldn’t be obliged to reveal the associate’s salary to your client.

3. The defining characteristic of the relationship between a hiring firm and a freelance attorney is the hiring firm’s continued responsibility for rendering competent legal services to the client.

The hiring firm must ensure that it delegates work to freelance lawyers who are competent to perform the work and oversee the performance of the work adequately and appropriately. As with an attorney employed by your firm, the degree of supervision required depends on the freelance lawyer’s skills and experience. If you prefer not to maintain supervisory responsibility, you may want to consider a referral or co-counsel relationship instead of an outsourcing relationship.

4. A freelance lawyer who is performing legal writing services or research need not be admitted in your state.

This is because the freelance lawyer is not a counsel of record, and is considered to be working under the hiring attorney’s supervision.

5. You should obtain your client’s informed consent before hiring a freelance lawyer.

Comment 6 to ABA Model Rule 1.1 (Competence) instructs that a hiring attorney should ordinarily obtain the client’s informed consent before hiring a freelance lawyer. Many state and local bar associations have issued ethics opinions requiring disclosure under some circumstances, and others mandate disclosure under all circumstances. The safest route (particularly if you practice in a state that hasn’t yet issued a governing ethics opinion) is to disclose and obtain the client’s consent to, your use of a freelance lawyer. If you’ll be billing an experienced freelance lawyer’s services to your client at a rate lower than your own, this process can actually be an opportunity to demonstrate your commitment to achieving the best possible result for the client at the lowest cost.

You may want to add the following paragraph to your retainer agreement:

You are hiring the firm for representation and not any particular individual. The firm may assemble the team of professionals best suited to serve your needs at each stage of your matter. The firm may share with these professionals information about your case as necessary for them to carry out their responsibilities. All non-firm personnel are subject to the firm’s ongoing supervision and applicable ethics regulations. You expressly consent to the firm’s use of these professionals and to the disclosure of information as necessary for them to serve your needs.he firm’s ongoing supervision and applicable ethics regulations. You expressly consent to the firm’s use of these professionals and to the disclosure of information as necessary for them to serve your needs.

The Future of LPO is Looking Good

The future of LPO is looking good with law firms and corporate legal departments looking to reduce costs, increase efficiency and improve quality. Here are some of the things that will shape the future of LPO:

• More AI and Automation: AI tools will become more common in LPO, law firms will be able to automate routine work and focus on higher value work. More efficiency and accuracy in legal processes.
• More Focus on Quality Control: Law firms will focus more on quality control to ensure outsourced legal services meet their standards and requirements. This will involve robust review processes and close collaboration with service providers.
• More Demand for Specialized Expertise: Law firms will be looking for specialization in areas like IP, data privacy and cyber security, LPO providers with expertise in these areas will see more demand. This will be driven by the increasing complexity of legal issues and need for specialisation.
• More Focus on Cyber Security: Law firms will focus more on cyber security to protect client data and prevent cyber threats. This will involve advanced security protocols and working with LPO providers that put data protection first.

Additional Tips on Outsourcing Legal Research

What is Legal Process Outsourcing?

Legal Process Outsourcing (LPO) is the practice of delegating specific legal tasks or processes to external service providers. This can include tasks such as document review, contract drafting, e-discovery, and legal research. LPO allows law firms and corporate legal departments to access specialized expertise, reduce costs, and increase efficiency. By outsourcing non-core legal tasks, law firms can focus on high-value tasks and improve their overall competitiveness.

Benefits of Outsourcing for Law Firms

Outsourcing legal services can bring numerous benefits to law firms. A successful law firm can enhance operational scalability and improve overall practice profitability through outsourcing. Some of the key advantages include:

• Cost Savings: Outsourcing legal tasks can help law firms reduce costs and improve their bottom line.
• Increased Efficiency: Outsourcing can help law firms streamline their processes and improve their productivity.
• Access to Specialized Expertise: Outsourcing can provide law firms with access to specialized expertise and experience in specific areas of law.
• Improved Quality Control: Outsourcing can help law firms improve their quality control and reduce the risk of errors.
• Scalability: Outsourcing can help law firms scale their operations up or down as needed, without having to hire or fire staff.

Common Outsourced Legal Services

Outsourcing legal services has become a popular trend among law firms and corporate legal departments. By delegating specific legal tasks or processes to external service providers, law firms can reduce costs, increase efficiency, and focus on their core competencies. Some common outsourced legal services include:

• Document Review: This involves reviewing and analyzing large volumes of documents to identify relevant information, redact sensitive data, and prepare documents for production. Outsourcing document review can save time and ensure thoroughness, especially in complex cases.
• Contract Management: This includes drafting, reviewing, and negotiating contracts, as well as managing contract renewals and terminations. By outsourcing contract management, law firms can ensure that contracts are handled efficiently and accurately, reducing the risk of errors and delays.
• E-Discovery: This involves collecting, processing, and analyzing electronically stored information (ESI) for use in litigation and investigations. Outsourcing e-discovery can help law firms manage large volumes of data more effectively and ensure compliance with legal requirements.
• Intellectual Property (IP) Support: This includes conducting patent and trademark research, preparing and filing patent and trademark applications, and managing IP portfolios. Outsourcing IP support can provide law firms with access to specialized expertise and help them protect their clients’ intellectual property rights.
• Litigation Support: This involves providing support services for litigation, such as document review, data analysis, and trial preparation. By outsourcing litigation support, law firms can focus on developing their case strategy while ensuring that all necessary tasks are completed efficiently and accurately.

How to Start Outsourcing Legal Research

Outsourcing legal research can be a great way for law firms to access specialized expertise and reduce costs. Here are some steps to follow when outsourcing legal research:

• Clearly Define the Research Objectives and Scope: Before outsourcing legal research, it’s essential to clearly define the research objectives and scope. This will help ensure that the outsourcing provider understands what is required and can deliver high-quality results.
• Choose a Reputable Service Provider: When selecting a service provider, it’s essential to choose a reputable company with expertise in legal research. Look for a provider with a good track record, client testimonials, and a qualified legal research team.
• Communicate Specific Details: When outsourcing legal research, it’s essential to communicate specific details about the legal issues, jurisdictions, sources, and any specific requirements or constraints.
• Implement Quality Control Measures: To ensure that the outsourcing provider delivers high-quality results, it’s essential to implement quality control measures. This can include reviewing research output and providing feedback to the provider.

Legal Process Outsourcing Trends (LPO) Services

The legal process outsourcing (LPO) industry is always changing, driven by technology, client expectations and cost efficiency. Some of the emerging trends in LPO are:

• Artificial Intelligence (AI) and Automation: AI tools are being used to automate routine tasks like document review and data analysis so legal professionals can focus on higher value work. This increases efficiency and reduces human error.
• Hybrid Outsourcing Models: Law firms are moving towards hybrid outsourcing models that combine onshore and offshore outsourcing to achieve cost savings and efficiency. This allows firms to leverage local and global expertise.
• Quality Control: Law firms are putting more emphasis on quality control to ensure outsourced legal services meet their standards and requirements. This means rigorous review processes and open communication with service providers.
• Specialized Expertise: Law firms are looking for specialized expertise in areas like IP, data privacy and cybersecurity, driving demand for LPO providers with expertise in these areas. This is because legal issues are getting more complex and require specialized knowledge.Choosing a Legal Service Outsourcing Partner

Choosing the right legal service outsourcing partner is important to the success of any outsourcing project. Here are some factors to consider when selecting a partner:

• Experience: Look for a service provider with experience in providing legal services outsourcing.
• Expertise: Choose a partner with expertise in the specific areas of law that you require.
• Quality Control: Look for a partner with a strong quality control process in place.
• Communication: Choose a partner with excellent communication skills and a willingness to work collaboratively.
• Cost: Consider the cost of outsourcing and ensure that it aligns with your budget.
• Security: Ensure that the partner has good security measures in place to protect your data.

The Bonus: Outsourcing Legal Services Can Lead to Happy Clients

A law firm can benefit significantly from outsourcing legal research and writing to a freelance lawyer who specializes in these tasks. This type of lawyer can often complete the work in less time than a busy practitioner, who may not be as familiar with the available resources or as experienced in searching large databases for sometimes elusive answers. So, outsourcing legal research and writing means you can use your valuable time in a way that’s most cost-efficient for your clients.

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