In the recent years, India has achieved remarkable

In the recent years, India has achieved remarkable success as
a global supplier of Information Technology Outsourcing (ITO) and Business
Process Outsourcing (BPO).The dawn of Legal Process Outsourcing (LPO) in India
goes way back to mid-20041
when only a handful of Third Party Vendors had set the motion for a substantial
evolution in the legal outsourcing industry. One of the reasons for the
survival of the LPOs in India and other destinations outside the US and UK can
be attributed to the steadily increasing US legal costs and to the negative
economic impact of the faltering global economy. Outsourcing includes Near Shoring,
Off-shoring and On-shoring or a combination of any of these.2
It has enabled legal firms and corporations in the US to focus on their core
business activities and take advantage of the Indian business paybacks as an
efficient and cost effective destination. India is geographically placed in a
time zone that is distinct to that of the US and UK, thereby enabling round the
clock legal support to these countries. The Indian Constitution adapted and
inherited the common law from the UK, which also ruled the US’s early
constitutional history. The Indian lawyers and graduates have a good understanding
of the legal systems of the two countries and a special emphasis on English as
a preferred medium of instruction in many law schools in the country, adds
significance to their role in an LPO unit. Apart from its stable political and
economic stage that is conducive to the growth of the LPO industry, India is
among the globally chosen few for its advanced and high class technology

The most popular international destination for
LPO is India followed closely by Philippines, South Africa and New Zealand. The
global legal process outsourcing (LPO) market is slated to multiply in value by
2015 to more than £2bn. The GCs (General Counsels) are now
more focused on approaching LPOs to avail of their services rather than that of
law firms.4 The Indian legal system is
similar to the US, UK, Canada and a considerable part of Europe. The Indian
litigation and dispute resolution methodologies are well founded in the
constitution of the biggest democratic republic in the world. It is
vital to stimulate India’s vast knowledge class to perform “high end”
skills, judgment and analysis based services. However, there exist caveats,
particularly with regard to controlling intellectual property and protecting
sensitive data. These caveats are mitigated by a strict adherence to basic
business hygiene such as an appropriate due diligence, planning, and a
well-crafted outsourcing contract that properly identifies and addresses risks
and provides real and practical safeguards as a means to protect confidentiality
of information outflow. Much has been said
regarding outsourcing in the past couple of years. This hitherto unfamiliar
business practice has suddenly grabbed center stage attention, and is now the
focus of politicians, the press, companies, and workers alike. In this paper,
we attempt to take stock of the current situation – where does outsourcing
stand today and where is it poised to go in the future? To gain a better
understanding and perspective, we look at the historical origins of outsourcing
and consider the various factors that drive outsourcing in today’s world. Based
on our survey, we propose recommendations for public policy and reforms that we
think will help ease this transition – from a “national” economy to a “world”
economy and from a world of in-house production to a world of outsourcing.

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1 Brandon James Fischer, Outsourcing Legal
Services, In-Sourcing Ethical Issues: An Examination of the Ethical
Considerations Arising from the Practice of Outsourcing Legal Services Abroad,
16 Sw. J. Int’lL. 455 (2010); Joshua A. Bachrach, Offshore Legal Outsourcing
and Risk Management: Proposing Prospective Limitation of Liability Agreements
Under Model Rule 1.8(h), 21 Geo. J. LegalEthics631 (2008); Sejal Patel, Is
Legal Outsourcing Up To The Bar? A Re-evaluation of Current Legal Outsourcing
Regulation, 35 J. LegalProf. 81 (2010).

2 Alexandra Hanson, Legal Process Outsourcing to
India: So Hot Right Now!, 62 S.M.U. L. Rev. 1890 (2009)

3 Keith Woffinden, Surfing the Next Wave of
Outsourcing: The Ethics of Sending Domestic Legal Work to Foreign Countries
Under New York City Opinion 2006-3, 2007 BYUL. Rev. 484 (2007); Lee A.
Patterson III, Outsourcing of Legal Services: A Brief Survey of the Practice
and the Minimal Impact Of Protectionist Legislation, 7 Rich. J. GlobalL.
& Bus. 178 (2008). See generally Laurel S. Terry, The Legal World
is Flat: Globalization and its Effect on Lawyers Practicing in Non-Global Law
Firms, 28 NWJ. Int’lL. & Bus. 527 (2008).

4  Cassandra
Burke Robertson, A Collaborative Model of Offshore Legal Outsourcing, 43
Ariz. St. L.J. 129 (2011).