Tuesday, February 25, 2014

Direct Supervisory Authority And Making Systematic And Rigorous Legal Process Outsourcing Decisions 7

Operational risks include:

1.     Transparent processes - Processes that can be clearly codified and measured. For example, compliance with rules of procedure, local rules and judge rules not subject to reasonable dispute (e.g. Font type and size, formatting of documents, citation rules, page limits, table of contents and authorities rules, title page rules, paper and electronic filing rules, time rules, service of process rules and the correct procedure for completing court and other forms). These processes are easily offshored and easy to have direct supervisory authority over.

2.     Codifiable processes - Processes that can be measured to some extent in terms of the quality of execution and most of the work is codifiable (e.g. Conducting party research, correcting non-factual or legal errors in case management, pleading, discovery, motion, trial and appeal documents). These processes a lawyer can easily review and correct, and direct the offshore provider not to make a found error again.

3.     Opaque processes - Processes can be measured as to the work to be done, but the quality of the output is hard to measure and subject to personal lawyer judgment (e.g. Analysis of laws and court rulings, drafting documents requiring fact and law discussions). Unless the offshore provider has worked with lawyer for a long time and has adopted the lawyer's thinking and writing process, these processes are
very difficulty to measure.

An offshore provider should not agree to do opaque processes for a lawyer unless there is a "Draft Shell" clause in their contract whereby the provider agrees to draft a complex document in a certain manner and the lawyer agrees to edit and finalize said document without reprimanding the provider for failing to satisfy the lawyer's analytical
and writing style.

Noncodifable processes - A Lawyer's mental processes or executive functions[1] as to a legal matter, which include opaque processes without the draft shell clause.


[1] http://www.lpocarmona.com/resources/What-Services-Are-Good-For-Outsourcing-In-Law-Firms.pdf

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