I became involved in offshoring in the mid 1990s whilst practising as a solicitor. The aim at that stage was solely to outsource client firms’ typing and transcription requirements to Indian legal secretaries with a view to achieving guaranteed turnaround targets and at the same time reducing costs. The business worked well because it delivered immediate costs savings to client firms.
The last five years have seen a significant growth in the number and types of service for legal firms which can be outsourced. Here are some of them:
Transcription of legal correspondence; completion of legal forms using facilities such as Laserform / Oyez Forms / infolaw FormsPlus; transcription of interview recordings as an alternative to preparing detailed attendance notes in certain types of cases.
Archiving and storage. Whilst even small firms store their old client files off site using specialist agencies, many firms are now opting for these to be scanned and archived as digital media. This results in large cost savings and also eliminates the long file retrieval times currently experienced even when files are stored on site. Whilst much of the storage management work is carried out offshore, the scanning process inevitably takes place within the UK as firms do not want their original files and documents to be shipped abroad.
Call centres. Telesales, personal injury claims management, client interview.
Call handling. Appointment handling, scheduling of meeting room usage, car park space allocation.
Supplies management. Purchasing, product sourcing (furniture / stationery requirements).
Fee earner management. Target monitoring, time sheet processing, expense claim management and repayment authoristion.
Litigation discovery and disclosure. Handling, managing, indexing and analysis of bulk documentation in litigation matters for these purposes.
Most of these developments bring about considerable cost savings. They do not, however, require professional expertise; they just rely on a competent business providing cheap services in an efficient, reliable and organised manner.
Recent trends and possibilities
It is also, however, quite feasible for actual legal work to be processed off shore, particularly where the legal system of the receiving country is related to that of the UK and legal professionals there are used to thinking in a similar way.
The legal systems in Malaysia and India are, for example, based on the English legal system. Legal professionals in those jurisdictions still tend to use much the same terminology even though their processes have evolved in different ways.
Here are some of the ways in which real legal work can now be outsourced.
Conveyancing
Many firms have automated much of the conveyancing process using case management systems and those systems are capable of operation by paralegals in other countries using remote access.
I am currently working with a bulk conveyancing organisation which has agreed to outsource the administrative steps of the conveyancing process to India. This involves the following steps:
- Receiving a scanned copy of an estate agent’s memorandum of sale/purchase.
- Preparing initial correspondence to the client, estate agent, other side’s solicitors.
- In the case of a purchase, raising standard pre-contract enquiries.
- In the case of a sale, preparing correspondence to the client asking for information required to complete Protocol forms.
- In the case of a purchase, requisitioning searches.
- Receiving in a scanned form from the Law Firm’s central mailing centre the scanned contract and supporting documents (for a purchase) and from the copy title determining which additional documents may be required and requesting the same: for example, planning documents from the Local Authority and documents of title from the Land Registry.
- In the case of a purchase, presenting an entire “file of papers” to the conveyancer by email to facilitate investigation of title and negotiation of the contract.
- In the case of a sale, preparing and presenting to the conveyancer an entire “file of papers” including the draft contract for approval by the conveyancer before issue to the purchaser’s solicitors.
These services are charged to the law firm client on a per case basis with charges as low as £30 per case. The firm’s outlay is therefore fixed in advance and the conveyancer deals solely with the legal / title / negotiation issues rather than being involved with the conveyancing process.
Simple drafting
I am aware of a firm of lawyers and advocates in Delhi who provide a drafting service. To date they have only managed to secure instructions from law firms for simple documents but these include the drafting of:
- powers of attorney
- simple standard wills
- confidentiality agreements
- non-circumvention agreements.
It appears to me from initial discussions with them that they are capable of far more involved work subject of course to appropriate instructions being provided and adequate training being given as to the client firm’s requirements.
Areas for growth could include the creation of standard legal documents using for example the PLC Document system.
Accounting and legal cashier duties
I have seen over the last three years a dramatic increase in the number of accounting practices outsourcing large volumes of their work. This includes discrete operations such as payroll processing but also more involved day to day operations such as book keeping and preparation of accounts through to trial balance, P&L and balance sheets. There is no reason why legal cashier type duties cannot competently and economically be carried out offshore. Certainly firms are already outsourcing such work within the UK and so offshoring would appear to be the logical next step.
Human resources
Global HR Solutions based in South Africa are currently looking for exposure to the UK legal market. They appear able to perform many of the usual day to day HR functions.
Final thoughts
Several years’ involvement in outsourcing have taught me how important it is to retain quality control procedures in house. Work should undergo quality analysis on a regular, or at least a random, basis. Team leaders from the external operation providing the services MUST be trained in house.
I have no doubt that there will continue to be an increase in the variety and quantity of work for law firms being outsourced and off-shored. In time, UK firms will be satisfied that they can achieve standards as good as, if not better, than those achieved in house, with the advantage of considerable cost savings.
Sunil K Radia is a Solicitor (non-practising). He is Director of UKTyping a leading outsourced back office service provider to legal professionals.
Email radia@uktyping.com.
