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American Bar Association

On August 8, 2008, the American Bar Association Standing Committee on Ethics and Professional Responsibility issued the most widely referenced ethics opinion to date on legal outsourcing, Formal Opinion 08-451: Lawyer’s Obligations When Outsourcing Legal and Nonlegal Support Services.  This opinion is currently in good standing and available through the American Bar Association.

The American Bar Association has launched several initiatives to further address the ethical implications of legal outsourcing domestically and abroad. These include the ABA Commission on Ethics 20/20 and the Section of International Law: Outsourcing Taskforce. To date, neither of these organizations has released any ethical suggestions or recommendations. Further guidance is expected in the next 12 to 24 months.

State and Local Jurisdictions

A number of state and local bar organizations have published position statements relating to the ethics of legal process outsourcing.  In addition, other state and local bar organizations are currently examining ethical issues relating to legal outsourcing, but have yet to make these initiatives public.

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