In addition to ABA Formal Opinion 08-451, a limited number of state and local bar ethical bodies have released opinions regarding the ethical and professional regulatory implications of legal process outsourcing.
The Association of the Bar of the City of New York Commission on Professional & Judicial Ethics, Formal Opinion 2006-3 (2006)
Addresses the question of whether a New York lawyer may ethically outsource legal support services overseas when the person providing those services is (a) a foreign lawyer not admitted to practice in New York or in any other U.S. jurisdiction or (b) a layperson? If so, what ethical considerations must the New York lawyer address?
Los Angeles County Bar Association, Opinion 518 (2006)
Addresses two fundamental issues: First, is it ethically permissible for a California attorney, in a civil case, to hire an out-of-state legal research and brief writing company to conduct legal research and/or draft legal briefs for the attorney’s use in connection with the attorney’s representation of the client? Second, if such arrangements are permissible, what must the attorney do to comply with the ethical issues presented by such arrangements?
North Carolina State Bar, Formal Ethics Opinion 12 (2007)
Addresses the following issue: May a lawyer ethically outsource legal support services abroad, if the individual providing the services is either a nonlawyer or a lawyer not admitted to practice in the United States (collectively “foreign assistants”)?
San Diego County Bar Association, Legal Ethics Opinion 2007-1 (2007)
Addresses the following issues:
- Did the attorneys violate RPC 1-300 by aiding Legalworks [a legal provider based in India] in the unauthorized practice of law?
- Did the attorneys have a duty to inform the client of the firm’s arrangement with Legalworks before or at the time of entering the contract with Legalworks?
- Did the attorneys violate RPC 3-110 by the extent to which that firm relied on Legalworks to provide substantive expertise that the attorneys lacked to defend the suit? Specifically, may a California lawyer with limited experience in the subject matter of the service to be undertaken outsource important responsibilities in performing the service to a “lawyer” reasonably believed to be competent who is not licensed or otherwise authorized to practice in California? Does the answer differ if the other lawyer is licensed to practice law in another U.S. state rather than in another country?
Florida Bar, Opinion 07-2 (2008)
Addresses the following issue: Is it ethically permissible for a Florida attorney to outsource legal tasks to overseas providers to provide paralegal assistance?
The Supreme Court of Ohio, Opinion 2009-6 Issued August 14, 2009
Addresses the following issue: Is it proper for an Ohio lawyer or law firm to outsource legal or support services domestically or abroad, either directly to lawyers or nonlawyers or indirectly through an independent service provider?
Summary
Per the summation of these state and local jurisdictional policies, the outsourcing lawyer, either domestically or abroad, must adequately addresses ethical obligations relating to assisting the unlicensed practice of law, supervision of nonlawyers, conflicts of interest, confidentiality, and billing. The lawyer should be mindful of any obligations under law regarding disclosure of sensitive information of opposing parties and third parties.
Status
All opinions listed are currently in good standing and are available through the above links or directly through the respective professional bodies.
