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Drawbacks to Offshoring?

For the past few years, outsourcing to India (or offshoring) has been a topic of much buzz, though despite the hype, some have questioned whether offshoring really has traction. Now, a post comes from Rees Morrison that identifies some of the potential drawbacks of offshoring document review to India.

Morrison's post draws from an article by Timothy Mahoney, who offers several arguments against offshoring. Specifically,

Mahoney points out that "Indian lawyers do not undergo the same training as U.S. lawyers.” Further, "there is no nationally recognized law examination required to practice law in India." Then too "Indian lawyers are unfamiliar with U.S. legal procedures and discovery mechanisms." Three other challenges are specific to litigation support. In India, communications between clients and in-house counsel are not protected by privilege, "Indian lawyers are not accustomed to reviewing documents for privilege" and "Indian lawyers are not familiar with large-scale electronic discovery." He also asserts that there may be higher ethical obligations regarding supervision of off-shore attorneys.

What's your view -- does your law firm or company outsource projects to India? Why or why not?

Posted by Carolyn Elefant on March 23, 2007 at 04:42 PM | Permalink | Comments (1)


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