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Bangalore: With the world getting flatter, legal
eagles in India, especially here, are fighting
cses for US lawyers though not side by side. Legal
outsourcing to India might have gained a foothold
in the US legal system. Attorneys in Grand Forks
and other companies now turn to lawyers in Bangalore,
Delhi and Chennai for help in drafting legal briefs
and research work for cases to be fought in American
courts.
Larry Newman, author of Texas
Corporation Law and corporate transaction specialist
is similarly impressed y the quality of work done
by the Indian lawyers. He cites them as being
instrumental to getting favorable results in even
the most complex of cases. He is partial to legal
outsourcing from India for the cost efficiency,
fast response, and good work quality – all
of which explain why the practice is fast catching
up. Similarly, Tariq Akbar and Tariq Hafeez, partners
of LegalEase Solutions in Michigan, US, discussed
the impact of outsourcing and identified the potential
of combining Mr. Hafeez’s legal and Mr.Akbar’s
offshoring experience. They hire and retain both
American and Indian lawyers to provide actual
legal departments.
About a year ago, west – the best known name in legal
publicly ruminating about joining the stampede
to India. For the past few months, west has been
running a pilot programme in Mumbai, in which
several Indian lawyers are preparing summaries
of unpublished US court decisions.
General electric (Research),
America’s fifth-largest corporation, has
taken the idea the farthest and set up a subsidiary
in India that employs about 30 lawyers. In-house
law departments of some multi-national firms –
Dupont, General Electric, United Technologies,
Bayer, Microsoft, Cisco, Oracle and sun –
are here.
India has a huge potential in
legal outsourcing, with the number of jobs in
the field increasing to 79,000 by 2005, a study
by Forrester has said. Though India had earned
over $6.7 billion in US-based outsourcing services,
such as software and call centres, till March
2005, the field of legal outsourcing was largely
untapped.
Attorneys in
Grand Forks and other companies now turn to lawyers
in Bangalore, Delhi and chennai for help in drafting
legal briefs and research work for cases to be
fought in American courts
The study estimated that hobs in the field – which was
poised to increase dramatically from about $80
million annually to approximately $4 billion –
would grow to 29,000 in 2008, 35,000 by 2010,
and 79,000 by 2015.
Indian outsourcing offers the following economic advabtages:
a significant wage differential with Indian firms
report paying legal researchers around $12,000
per year and also savings in perks, overhead,
and working conditions, the study said, adding
time zone differences allowed for overnight and
24 x 7 operations.
Says Mr Akbar, chief executive
officer of LegalEase Solutions, “Our offshore
attorneys in India are among the brightest in
the legal community and are willing to direct
their talents and energy towards providing some
world class products. They have been extensively
trained on US law and online tools like Lexis
Nexix.”
“This is because Indian
lawyers are positioned to assist the US legal
market,” claimed Rocky Dhir, whose Atlas
legal research has lawyers in Bangalore. “There
is no difference between Indian and American advocates.
The quality of work is the same,” said attorney
at law Jay Ethington, specializing in criminal
defence.
A former assistant united states
attorney, Mr Ethington said he had tried Indian
advocates to do research and complete the paperwork
for about half-a-dozen cases. “Results have
been very good all the time,” he said.
Indian advocates do not fight
the case directly in US courts. Sitting thousands
of miles away, they do the research work, analyse
the case and draft the legal brief for advocates,
who fight the case in US courts. This saves a
lot of time and energy, besides money, for American
attorneys.
The advantage is, Mr.Dhir said,
“India, like the US, has a common law jurisdiction”.
The fact that the entire legal system, from studies
to debate to court orders is conducted in English
is also an advantage. Also, the time difference
between India and the US is appropriate.
“While our legal research
associates are busy preparing the case, US lawyers
sleep. As our companies work 24 hours,”
Mr Dhir said. It would also be an added advantage
for a large number of Indian companies, too, like
Infosys, Tata and Wipro, who have business in
the US, to access this legal facility. With the
help of lawyers from India, these companies can
very well compete with their rivals in courts
here and that too at a fractional cost.
This proves that offshoring is
benefiting both sides and Americans are opening
up after much dissent. Agrees, Mr Akbar, “The
practice of law requires court time, client development
meetings and a certain amount of personal research
and writing. You cannot replace an American attorney.
We help American lawyers tap the intellectual
capital of the world to meet the demands of the
legal market through outsourcing. There are small
law firms who could definitely use the affordable
legal support and there are large ongoing expensive
litigation cases (case in point Enron) which continue
to consume millions of dollars which can be made
a lot more cost effective”.
So far, the legal services work
consisted of paralegal, secretarial and litigation
support. However, according to financial consulting
firm Fulcrum Financial Inquiry, Indian firms now
offered more valuable services, including contract
review and monitoring, document review for due
diligence patent drafting, simple filings and
legal research.
According to a report published
last year by the university of California at Berkeley,
paralegals and legal assistants based in India
earn on an average between $6 and $8 an hour,
compared with the nearly $18 an hour their counter-parts
in the US make. “But it is more than what
a lawyer in India would make, I took up working
for an outsourcing firm because the money is definitely
double,” says Ms Nadini Pai, a lawyer in
an outsouring firm in the city.
Will this boom in India too fizz
out like the dotcom boom did? “The boom
will have to level out as with everything else.
There is a demand supply logic which commands
the world economy. Once the demand and supply
levels off, the boom will subside but the need
will continue. BPO is not an industry per se but
a concept which will cease to be an attention
grabber but more of the norm of things to come
as the world continues to get flatter,”
says Mr Akbar.
By Raziqueh Hussain
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