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India rides outsourcing boom to capture U.S. legal work

 

October 16, 2005, New Delhi, Sify News: India's growing pool of lawyers are being tapped to provide paralegal services for customers from the United States as the next frontier in the country's booming outsourcing sector, executives say.

Companies in India are offering trained lawyers using legal databases such as Westlaw and Lexis/Nexis to provide law firms in the United States with low-cost research, writing and analysis in a move to capture a market worth billions of dollars.

"We did a survey of corporate houses in the US in which 86 per cent identified the high cost of legal services as their number one cost worry," said Sanjay Kamlani, co-founder of the legal outsourcing firm Pangea3 LLC.

"Add to that there are one million lawyers in India and 70,000 graduating from law schools every year. We realised that we had an enormous business opportunity," he said.

The National Association of Software and Service Companies, an Indian lobby group, said in July that outsourcing firms had barely scratched the potential of the estimated $250 billion legal services market. It estimates Indian firms now get $60 to $80 million worth of outsourced legal business annually.

India earned $6.7 billion in the year ended March 2005 in outsourcing services such as software and call centers in an industry that employs almost 350,000 people as the country taps a large pool of English-speaking professionals.

The work has expanded in the past five years into almost all fields from computer-aided design to medical consulting and fashion to provide jobs for a one billion plus population, more than half of whom are under 25 years old.

Much of the advantage is based on labor costs, with Indian firms reportedly paying legal researchers about $12,000 a year, or a third of their US counterparts.

Firms such as IndiaLegal.net advertise as a legal research center for attorneys, law firms and companies. "We are not a law firm though our team comprises of lawyers," the company says on its website. "We do not provide any legal advice or render any legal opinion. Our purpose is to aid and supplement your work."

The distinction is deemed important as clients may not be happy to know that the firm they retain does not do their work.

Also, there are laws in the United States that prohibit legal assistants or paralegals from giving legal advice or representing clients in court as attorneys.

However, demand for legal legwork is expected to grow 33 per cent in the first decade of the new millennium as demand for research grows in an increasingly litigious United States, according to the US-based National Association of Legal Assistants website.

Abhay Dhir, president of India's Atlas Legal Research, said business had tripled in the past two years as US companies found "they can get the same level of quality at a much, much lower price."

Initially, only US law firms were getting work done out of India, but now US corporates are queuing to outsource directly, he added. "In September alone, we broke all our previous records. Our business is definitely seeing substantive changes," Dhir said, adding his company now counted 10 corporations among 150 clients.

Research firm Forrester Inc. has estimated that at least 12,000 legal jobs had been outsourced from the United States to offshore locations up to 2004.

The number of outsourced jobs to low-cost countries such as India will grow to 35,000 by 2010 and will reach 79,000 by 2015, Forrester predicted.

Pangea3's Kamlani said that unlike a call center operation, the employees in legal outsourcing firms do not work night shifts, which helps to attract talent.

"During job interviews, we tell candidates you don't do night shifts. But the hours are going to be what they are going to be in a top Indian law firm. And keep your cell phone on because your client may call you at two in the morning," Kamlani said.

Shailesh Vikram Singh, managing director of Indialegal.net, said US clients were initially skeptical about the ability of Indian lawyers to handle their business, when they launched a year-and-a-half ago.

"We were cold-calling clients and offering them our service. But, most people would ask what was the need for outsourcing [to an Indian firm]," Singh said. "Suddenly, there is an explosion of interest and we have now doubled our client base."

 

Legal Services Enter
Outsourcing Domain

U.S., British Companies
Send More Work to India;
Patent Applications Are Big

By ERIC BELLMAN and NATHAN KOPPEL
Staff Reporters of THE WALL STREET JOURNAL
September 28, 2005; Page B1

It happened with tech support, financial services and catalog order-taking. Now, a growing number of U.S. and British companies as well as law firms are outsourcing legal work to India.

The practice started a few years ago with simple word processing and filing services performed by nonlawyers. But increasingly, squads of experienced but inexpensive lawyers based in India are doing things ranging from patent applications to divorce papers to legal research for Western clients.

"Short of anything where you have to physically be there or sign on the dotted line, we can do" it, says Sanjay Kamlani, co-chief executive officer of Pangea3, a New York-based legal outsourcing firm that opened shop a year ago and already has more than 25 lawyers in India and over 20 U.S. clients.

Not many large American companies will openly admit to sending legal work to India, but a few do. DuPont Co. says it uses Indian lawyers to help draft patent applications. The lawyers conduct searches to ensure that DuPont's proposed patents don't conflict with other companies' existing patents, says Michelle Reardon, a DuPont spokeswoman.

Alan Sege, the general counsel of Roamware Inc., in San Jose, Calif., which sells computer systems to cellphone carriers, says he hired Pangea3 this year to create an electronic database highlighting the key terms in about 200 contracts in order to monitor contract compliance. He estimates it would have cost at least $60,000 for a U.S. law firm to create the database, because each contract was long and complicated, and using even first-year associates can cost more than $200 an hour. Pangea3's price: $5,000.

DirectoryM, a Cambridge, Mass., online marketing company, uses Indian lawyers to do legal research on litigation matters, says General Counsel David Kahan. "The people to whom you are outsourcing are well-educated and can work at an hourly rate that is 10% of what large-firm lawyers charge."

The cost saving on salaries isn't the only attraction. Lawyers in India are less likely to demand perks like big offices and personal assistants, says Alok Aggarwal, chairman of Evalueserve, a New Delhi corporate-research outsourcing company. That's partly because being a lawyer isn't a high-prestige, big-income profession in India. "The pecking order is engineering, medicine, M.B.A., CPA and then law," Mr. Aggarwal says.

Pangea3's employees, for example, are squeezed shoulder to shoulder into two small rooms in Mumbai's business district. Even after the company moves to new, much larger premises later this year so that it can triple its staff, its lawyers will have to share cubicles.

But because the legal systems in India, the U.S. and the U.K. are all rooted in British common law, Indian lawyers don't need much additional training to do standard legal work, such as vetting contracts, checking on patent registrations or reviewing documents related to foreign cases, says Poonam Vasudeva, who recently joined Pangea3 after spending 13 years doing Indian corporate law. She says she jumped at the chance to work at a legal outsourcing firm because the pay and the working conditions are better than those at the standard Indian law firm.

Patent-application services are particularly in demand. Using high-speed Internet connections to access U.S. legal and patent databases, Indian lawyers can file and defend patents, an increasingly important job for companies trying to show investors they are constantly innovating. American law firms also hire legal outsourcing companies to comb through evidence and documents from past court cases, highlighting what is important and relevant.

"If you have large volumes of documentation or a repetitive activity that can be easily emailed or scanned, it can be outsourced," says Mathew Banks, a British attorney who is the chief executive officer of ALMT Synergies, a new legal outsourcing firm in Mumbai. "Anything is possible."

And lowering costs lets companies spread their limited legal budgets more broadly. "It gives me more time to do other things," says Rishi Varma, general counsel for Trico Marine Services, a Houston-based offshore drilling support company, who used Pangea3 for some legal work.

Indeed, outsourcing could ultimately change the way legal work is done in Western countries, industry analysts and company executives say. They expect it to free up American and British lawyers from time-consuming paperwork, allowing small firms to take on bigger cases -- while cutting the number of legal jobs needed in the U.S. Some suggest it could even encourage companies and individuals to become more litigious by lowering the costs of filing lawsuits.

So far, outsourcing has created as many as 12,000 legal jobs world-wide, according to Forrester Research. The Cambridge, Mass., firm predicts that number could shoot up to 29,000 in 2008, with most of those jobs going to India.

One lure of the Indian legal market: the sheer number of lawyers it offers. More than 200,000 Indians graduate from law school there every year -- five time as many as in the U.S. -- creating an enormous pool of talent to tap.

While American law firms routinely use domestic contract lawyers to save money, most have been slow to send work to India. Gregg Kirchhoefer, a partner at Kirkland & Ellis of Chicago, one of the more prestigious and profitable American firms, estimates it could be 50 years before lawyers in India do more than "routine, prosaic" American legal work. He expressed reservations about whether Indian lawyers are ready to handle the complex, high-end work in which his firm specializes. "Firms like ours that work on complicated and significant cases don't expect the main part of that work effort to be done [offshore] at the same level we do it," he says.

But that attitude may change once major companies grow comfortable using Indian lawyers. "Law firms don't want to be the first to embrace the trend," says Philadelphia lawyer Ajay Raju, who advises companies doing business in India. They figure, "Let others get burned first," he says. But he says he plans to propose that his firm, Reed Smith LLP, which has about 1,000 lawyers, start using lawyers in India for litigation support and other discrete tasks. After all, he says, "Why have a $300-per-hour lawyer do due diligence when it can be done [more cheaply] by someone else?"

Bickel & Brewer, a Dallas law firm that specializes in litigation, has already moved in that direction. In 1995, it created a subsidiary business in Hyderabad, India, called I&A International, to help it enter documents onto a searchable, electronic database. That's a nonlegal task, but more recently the firm's I&A unit has hired lawyers to review documents produced in lawsuits. "We specialize in big-ticket cases that often involve millions of pieces of information," says firm co-founder William Brewer III. "So having [Indian] lawyers on staff allows us to control expenses."

Some U.S. lawyers and legal journals have voiced concern about liability issues should a legal outsourcing company make mistakes writing contracts or interpreting documents. They also worry about how well lawyer-client confidentiality will be protected when important documents are sent abroad.

But Indian outsourcing companies contend that law firms around the world already take the same risks when they subcontract work to local firms in their home countries. They note it is standard practice in the legal industry to use outsiders, even if they are not accredited attorneys, as long as the work is supervised by a lawyer.

And as in other sensitive areas involving outsourcing, including accounting and research, analysts predict that the huge cost savings will more than offset the risks, attracting increasing amounts of business.

 

Law firms send case work overseas to boost efficiency

By Tom Ramstack
THE WASHINGTON TIMES
Published September 26, 2005

Law firms are outsourcing some of the work on their cases to other countries, joining a growing national trend of trying to cut costs by using a labor force paid at a lower rate than American workers.
    "Clients are entitled to get these things done in an efficient way," said Jim Shea, managing partner of Venable LLP, one of the Washington area's biggest law firms.
    His firm has used Indian companies to draft patent applications for Venable clients. The foreign companies also have done "coding" of legal documents in which they index and annotate them before transferring them to computer software.
    The Indian firms can do legal work for about $40 an hour, compared with $120 an hour charged by many U.S. law firms.
    Mr. Shea said the quality of work does not suffer from using foreign workers because it is reviewed by U.S. lawyers.
    "We apply the legal experience and expertise we're required to apply," he said.
    Other Washington law firms that occasionally outsource legal work include Arnold & Porter LLP and Howrey LLP.
    Although most of Howrey's outsourcing is done in the United States, some of its contractors have partnerships with companies overseas.
    The work is limited to coding and electronic data processing, said Brian Conlon, Howrey's chief information officer.
    About 695,000 lawyers and 200,000 paralegals were employed in the United States in 2002, according to the U.S. Bureau of Labor Statistics.
    About 1,300 Indian workers provide services for U.S. lawyers, generating about $52 million in revenue, according to Evalueserve, a business and legal research firm with more than 800 employees in India.
    By 2015, their billings to U.S. firms would increase to $970 million at the current growth rate.
    Alok Aggarwal, Evalueserve's chief executive officer, said the kind of "grunt work" done by his company avoids any privacy problems for law firm clients.
    "Of course, many U.S. lawyers have expressed their reservations about Evalueserve doing legal research for them, and this concern is often related to confidentiality aspects and quality of deliverables," Mr. Aggarwal said. "However, once we do a few pilot projects with them, we have been able to overcome their reservations."
    In addition to patent drafting and coding, the company writes simple contracts, leases and legal memoranda.
    Growth of work outsourced to India would make up 2 percent of new legal jobs in the United States in the next 10 years at the current rate, according to Evalueserve.
    Major corporations that outsource legal work include United Technologies Corp., Oracle Corp. and Bayer AG, whose officials did not return calls and e-mails for comment.
    More than 3 million U.S. jobs have been outsourced to other countries in the past four years, according to the U.S. government. More than 13 million are forecast to move offshore in the next 10 years.
    Many of the jobs have been concentrated in manufacturing and information technology, and Internet connectivity and Indian economic policy have made the country friendly to foreign business.
    "It's only in the last year and a half or two this has started to gain the focus and attention of law firms," said Liam Brown, chief executive officer of Integreon, a New York outsourcing company for professional services founded seven years ago.
    Of the company's nearly 1,000 employees, about 950 work in India. Its clients include some of the largest investment banks and law firms with offices in the Washington area.
    He said outsourcing of legal work is unlikely to move beyond support services to include advice or representation of clients.
    "That is core to what a law firm does," Mr. Brown said.
    American Bar Association officials say they know law firms outsource work to foreign countries, but they have not seen problems arise from it.
    "We have not either endorsed it or opposed it," said Nancy Slonim, the association's deputy director for policy communications.