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Seven Tips When Choosing a Legal Outsourcing Firm
One blogger compared outsourcing to buying a wedding dress—a transaction filled with hope and excitement followed by seven years of stress, disputes, and legal trouble.
If that were true, outsourcing legal services like document review and electronic discovery would not be the billion dollar industry it is today. Last year it was reported that more than $250 billion was spent on legal services worldwide. Because not all legal services can be outsourced, it is estimated that almost $111.2 billion in legal services are provided by the US each year.
As with any business transaction, it is important to research every detail and prepare for every predictable outcome. This is especially true when a law firm is sending tens of thousands of highly confidential documents from a multi-million dollar corporate client for document review.
Below is a discussion of seven tips to help you choose the best outsourcing document review firm.
Seven Tips for Choosing the Best Outsourced Legal Firm
1. Evaluate. Assess what your needs and goals are. Think about what processes you want to outsource and why you want to outsource them. To answer the “why” question, it’s important to determine how outsourcing to Israel or another country will free up your resources for other, more important legal tasks.
2. Interview. Interview your potential providers as if you were hiring an internal employee. Your outsourced law firm should be a good fit in terms of skills, attitude and personality.
3. Focusing on important variables. When meeting with potential legal service providers, don’t get caught up in details and “worst case” scenarios. It is more productive to discuss scope of work, performance standards, pricing, management and quality review. Also, don’t rush the selection process as it’s better to take a little extra time to get it right the first time.
4. Be reasonable. When negotiating contract terms, don’t suggest difficult terms that no one can logically agree to. Instead, propose reasonable terms that will enhance the mutual success of the contractual relationship.
5. Be clear and concise. Although outsourcing e-discovery projects is complicated, the contract doesn’t have to be as thick as a law school textbook. When drafting the contract, cover all the important terms, but make it clear, simple and usable.
6. Manage. To successfully manage the legal outsourcing project you are sending overseas, it is recommended that you build your team BEFORE you sign any contracts. If the management team has a role in forming relationships, the likelihood of success increases significantly. In addition, put effective risk management into the contract. Normally, parties to an electronic discovery contract attempt to shift risks to the other. Most importantly, build good risk management provisions such as security, privacy and disaster recovery into the agreement.
7. Take a collaborative approach. From negotiation to contract signing to execution, operate with a collaborative tone. A collaborative tone will bring confidence, flexibility and success. The external document review company will negotiate more flexibly if they feel your cooperation. In addition, cooperation will motivate all parties to work harder to achieve contractual goals.
When outsourcing is done right, it’s a win-win situation professionally and financially. Performance brings benefits to all parties, while failure brings bad consequences. Following these seven tips will put you in a much better position to build a long-term and positive relationship with your document review provider.
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