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Raising the Bar in an Outsourcing Relationship ~ Maintaining Accountability Standards PDF Print E-mail

A crippling downturn and the ensuing unprecedented financial crisis that followed left the economies of many countries in an abysmal state leading to many hard hitting business decisions. Companies have now had to look within to trim the fat and cut cost. In such an environment outsourcing has been looked upon as a favourable option for several process oriented tasks. A key requirement of outsourcing a legal process is the roll out of a specifically structured outsourcing arrangement that would govern this crucial relationship from the very onset.

As the demand for cost-cutting and subsequently outsourcing increases, the LPO landscape is dotted with numerous players – big and small – competing for their share of the pie. This increasing competition has led vendors to accelerate not only their turnaround times for deliverables but also sometimes leads to compromising quality for the sake of volume. This anxiety to deliver faster means that some outsourcing contracts can go awry, but by investing time and effort at the early stages of the contract, such mistakes can be avoided. To begin with, before a company even considers outsourcing a function in the legal department, executives should ask themselves whether they understand the current cost of that function and should map out its processes. Creating a comprehensive description of the function that is to be outsourced is essential so that in house counsels are able to effectively explain their requirements to their provider. Once the contract is signed, it is important for LPO vendors and buyers to continue to work closely together as business conditions and requirements shift, and as people and cultures evolve.

In an age where some of our biggest financial institutions failed due to lax accountability standards, we must be now more accountable than we have ever been in the past. Many companies view the outsourcer as a detached entity that, once briefed, should be able to run with the project with minimal involvement on part of the in house team, but outsourcing a process does not mean outsourcing accountability or competency. Accountability is the requirement, when undertaking an activity, to expressly address the concerns, requirements or perspectives of others and is seen a major purpose of external quality processes. In order to succeed, the LPO vendor will need regular, ongoing input and feedback from the client. In an interesting article available here, the author, Julia Staunton Hardinger, Esq, has developed a list of rules to follow for attorneys who wish to outsource part of the discovery process while still meeting the high level of professional responsibility imposed by the ethics rules of the ABA. These include:

Conducting extensive quality checks and making timely adjustments accordingly

Giving the first assignment to yourself.

Maintaining constant contact with your team

To ensure accountability, buyers must consider protection of their assets in the outsourcing contract. For example, intellectual property and confidential information should be protected through appropriate confidentiality measures, along with personnel screening tests. Thus, good governance processes built on a framework of accountability are critical to a successful outsourcing relationship.

 
Turning Lemons to Lemonade PDF Print E-mail

A crucial debate that has been raging on since the advent of outsourcing has been the one on the job loss and unemployment that outsourcing causes in developed countries. While one set of believers advocate the practice on the basis that outsourcing will have an overall positive effect on developed economies, since

a) it saves money for companies,

b) enhances opportunities for greater entrepreneurship,

c) and leads to higher level jobs for natives.

Critics, on the other hand, suggest that hiring foreign workers has an immediate effect on developed economies as it strips natives of jobs that otherwise would have been performed by them.

The LPO landscape is no different with most companies and law firms apprehensive of sending their legal work off shore for many reasons, one of them being the negative impact that this decision would have on the morale of their in house counsels/law firm attorneys. In a traditional profession such as law, where normal corporate decorum and growth path do not always apply, neither companies nor law firms want to be perceived as shipping jobs to cheaper destinations at the cost of work quality. However, the off shoring industry is facing many more issues besides this scepticism.

A while ago, Intel Corporation, for example, had a batch of patent applications the lawyers were handling in-house. They noted common issues, and decided these could be bundled and assigned out in common packages. So they put the jobs up for bid in an online auction. Among the firms Intel selected, one was in Australia and another in India. They did the work, but the quality was lower than what they were willing to put up with. An experience such as Intel’s is not an isolated one, and although the LPO industry is witnessing a forward momentum, it is essential that such experiences are weeded out and analyzed to ensure that such failures are not repeated. A quick glance at other outsourcing arrangements that have failed reveal the following main causes:

1. The buyer's unclear expectations up front as to its objectives

2. The parties' interests are aligned up front but become misaligned as the buyer's business environment or needs change

3. The provider's poor performance against service level agreements

4. The parties do not consider each other's interests to ensure their relationship is mutually beneficial

5. Poor governance structure for managing the ongoing relationship

6. Poor cultural fit compatibility of the parties

7. Poor communication; the parties do not proactively share necessary information with each other

8. Challenges arising because of the buyer's multi-supplier environment

9. The tendency of the buyer to back away from the solution it bought as the relationship builds. Buyers that are not committed to the full change management effort necessary for success end up wanting the provider to adjust the solution rather than pushing forward through the changes. (buyer response)

10. Some failures result not because interests fall out of alignment but, rather, because they were never aligned to begin with. Then when the parties manage the relationship and contract to the achievement of those interests, the relationship is doomed.

Despite the doubts about offshoring, however, there's a sense of inevitability about it. In fact, some law firms have embraced what they can't prevent. The most notable example is the British firm Clifford Chance. 2010 seems sure to bring more growth for LPO firms but ignoring failures or reasons thereof would be foolhardy for buyers and vendors alike.

 
Those Who Tasted Success... PDF Print E-mail

From The Buyer Perspective: “Trifles Make Perfection, but Perfection is no Trifle.”

Dell - ‘Why should I pay £200 an hour for a three-year qualified UK lawyer if the quality is not significantly better than a seven-year qualified lawyer in India who I am paying at £40 an hour?’ says Bruce Macmillan, Dell EMEA in an interview to the International Bar Association. Dell, along with Eversheds and MIndcrest, in order to demonstrate optimal cost benefits started tepidly focusing on large scale, standard form contracts involving reviewing changes proposed by other parties. Having tasted success in this delivery model, Dell is also examining other areas where LPO could be used, such as reviews of routine advertising material – to ensure compliance with different countries’ regulations – and the administration of some of its internal legal databases. However, Macmillan at Dell is still sceptical about using LPO for anything that requires a high level of briefing per activity. “The more non-transactional it is, the higher the investment cost in getting it briefed up in the first place and the more checking and validation you need to do to make sure you have got comfort that it’s being done properly’, he argues.

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Liberalization of India's Legal Services Market and the Impact on the Legal Process Outsourcing Industry PDF Print E-mail

Think big. If you were today to think of some common traits amongst all the iconic brands that we know of, some would be apparent and some would be a little more subtle. There are the more perceptible and easily glorifiable things like think big, operational efficiencies, people culture within the organization and some more jargon you will find in each and every management book.

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Billing structure of US law firms & its impact on LPO industry in India PDF Print E-mail

The Legal outsourcing industry in India owes its genesis to two phenomenon simultaneously – the advancements in IT & IT enabled services and secondly the skyrocketing hourly billing rates charged by the main stream law firms. The paper analyses the correlation between the billing structure of US law firms and its impact on Indian LPO market.

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