Deposition Outsourcing
Welcome. Sign in to access your projects. Inquire about our Free Trial.

 

Legal Process Outsourcing - FAQ's and Concerns

In the last decade the world has undertaken a dramatic shift in terms of the speed and quality of how information is transported from one individual to another. This technology has led to a much smaller world and a wider breadth of information available. Because of this we can now access expertise and resources around the world with the same ease we could previously access down the street. Laws firms, corporate legal departments and the clients that employ their services all have increased pressures on them to reduce costs. The convergence of several factors is what has made legal outsourcing a viable alternative today. However, this raises many questions and below we answer several of them.

 

How do I know the background and qualifications of the person(s) assigned to my transaction?

When HighQ receives an assignment from a client, we first analyze the requirements of the transaction, focusing on what skills that particular transaction requires. Upon identifying the needs for the transaction, we then match the client up with the most appropriate HighQ professional(s). Thereafter, our client will receive a description of the professional(s) that will be handling the transaction, with full details on their academic background and work experience. This provides our clients with the satisfaction that they are hiring individuals who are well qualified to undertake the task at hand. At the same time, this allows an opportunity for the client and the HighQ professional to commence a more personable business relationship.

back to top

How can I be sure that I am receiving a level of competence comparable to that in the United States?

HighQ legal assistants are comprised of the most highly skilled legal staff in South Asia. Not only have they received law degrees in their respective countries, but they have also been trained in the US legal tradition through on-going training in US distinctions in the law as well as US professional responsibility training. In addition, HighQ professionals range from diverse specialties in the law, and HighQ is therefore well equipped to undertake transactions in virtually all areas of legal practice. Furthermore, all our professionals are fluent in English, have studied law in English, and are experts in the common law tradition.

back to top

How do I know that information pertaining to my transaction will be kept confidential?

HighQ's secured server guarantees the highest levels of security and encryption in line with the latest technological advancements in this area to ensure confidentiality. This security runs across the board, whether it pertains to real-time conversations between a client and the HighQ professional, email exchanges, video conference calls, etc. Realizing the sensitive nature of our clients transactions, security is HighQ's primary concern. To achieve this end, we have implemented numerous measures, such as privilege settings assigned to different individuals accessing documents in a specific transaction. This and additional measures allow us to confidently assert that a transaction's details will remain protected and confidential.

back to top

Are there any legal measures in place that will deter HighQ professionals from breaching a client's confidentiality?

HighQ professionals face severe penalties, including disbarment in South Asia, civil penalties as well as potential criminal charges if they breach confidentiality. Furthermore, all of HighQ's consultants have undergone stringent background checks and have been trained in US ethical practice, as determined by US professional responsibility standards.

back to top

As an attorney in the US, what are my modes of communicating with HighQ staff in South Asia?

Clients have a variety of modes of communicating with HighQ staff. Our South Asian operation is outfitted with the latest technology allowing for numerous mediums of communication, ranging from conventional methods to video conference calling, daily update emails, real-time messaging, file uploading, and private message boards. Each of these avenues are available through our secured website and server, coupled with our established privilege settings, providing our clients the security that they deserve.

back to top

What legal tradition are HighQ professionals trained in?

Being that HighQ legal assistants hold South Asian law degrees, they are trained in the common law tradition, the same tradition that most attorneys in the US are trained in.

back to top

What quality of work can I expect from HighQ's legal assistants/professionals?

HighQ legal assistants are actually qualified advocates in South Asia. The quality of their work product surpasses that of a paralegal since they are highly skilled professionals. Further, because of their attractive salaries compared to the market in which they practice, their motivation to excel at High Q is their top priority. They are hardworking, dedicated, and meticulous individuals.

back to top

How does the attorney-client privilege extend to High Q professionals?

Based on existing case law, namely United States v. Nobles, 422 U.S. 225, 238-39 (1975) and United States v. Pipkins, 528 F.2d 559, 563 (5th Cir. 1976), where the attorney-client privilege extended to investigators and handwriting analysts respectively, it is clear that the attorney-client privilege naturally applies to legal assistants and other agents of attorneys.

back to top

Who do I contact if I have additional questions and concerns?

Please do not hesitate to contact us at www.info@highqconnect.com. Alternatively, you can speak with a HighQ project specialists at our U.S. Sales office by dialing 724-825-4537 ext 3. We can then answer your questions, assess your needs and direct you to the appropriate support personnel.

back to top

What is the process for sending and receiving project documentation?

  1. HighQ, in conjunction with the attorney's office, will analyze the scope of the project and determine the timeline, resources, and requirements that will be set.
  2. HighQ will set up the client's account with login and password, designate registered users and set security privileges for each user.
  3. HighQ will instruct the client as to the login process and the procedure for uploading documents to the server.
  4. Client will begin to upload necessary information and supporting documentation directly to the HighQ secure server.
  5. HighQ will assign a lead for the project dependent upon classification and expertise in the field.
    1. The project lead will act as the personal contact for the attorney and send their bio to the attorney's office with all contact information.
    2. The project lead will be responsible for updating the project progress on the HighQ website, communicating directly with the attorney's office, communicating with the account manager, and making sure all deadlines are met.
  6. HighQ will process all incoming documentation to make sure that it meets the projects requirements.
  7. HighQ professionals will begin to complete the project following the timeline, resources and requirements that have been set forth.
    1. HighQ will perform numerous quality checks throughout the project cycle.
    2. The project lead will produce quality and productivity reports for the attorney's office.
  8. HighQ will upload completed projects or portions of projects to the server for review.
  9. HighQ will perform final review with account manager and make sure that all agreed upon requirements have been meet.
  10. HighQ will make the project available on the secure server to the registered users with appropriate security privileges to download projects.
  11. HighQ will make sure that all necessary hard copy, CD, DVD's are delivered appropriately.
  12. HighQ will perform internal quality checks on all projects to continuously improve upon our services and delivery.

back to top

 

Ultimately outsourcing is enabling law firms to maximize the efficient use of their internal resources, confident that while they sleep, specialists in another country are providing support in a seamless process with a product that meets or exceeds the expected standards of quality, reliability and security. For some time now many US companies have been outsourcing administrative functions such as payroll, IT services and web design/management and more recently, broader level knowledge based activities such as accounting, research and transcription.

OVERCOMING CONCERNS

The apprehension about outsourcing of legal documents centers on four main issues: 1) concern over waiver of privilege; 2) concern over the unauthorized practice of law; 3) concern over disclosure of sensitive/confidential information; and 4) concern over quality control.

Concern over waiver of privilege
Law firms raise concerns that the use of third-party vendors to review and/or analyze documents in litigation creates the risk of inadvertent waiver of attorney-client privilege that may attach to some of the documents at issue. They fear that, since lawyers and the legal staff employed by outsourcing vendors are not licensed to practice law in the United States, they become third parties to the attorney-client relationship and the preservation of privilege could be at risk. Since only the client can waive privilege, when document review is outsourced either domestically or internationally it may be questioned whether sharing confidential documents with the employees of a third party may result in a waiver of privilege that protects the client from disclosure. However, there is significant precedent to suggest that privileged communications shared with third parties remain privileged if the access is necessary or integral to the attorney-client relationship. Thus, if the disclosure to an outsourcing vendor is to assist the client's counsel in rendering legal services, the vendor is deemed an agent of the attorney and privilege can remain intact.

In consideration of the above, it becomes important that the following practices be implemented in order to demonstrate that the outsourcing vendor acts as the agent of the client's attorney at all relevant times: 1) HighQ contractually agrees to close supervision by the client's counsel and the review process is approved by such counsel; 2) the client's counsel monitors, supervises and directs the document review and analysis to ensure compliance with the protocol established by the client's attorney for privilege determinations; and 3) all final determinations of privilege and relevancy decisions are made by the client's attorney.

Concern over the unauthorized practice of law
The concern that foreign lawyers that conduct document review functions are engaging in unauthorized practice of law in US courts, is contained by close supervision by the US-licensed counsel. HighQ does not practice US law. HighQ lawyers work essentially as paralegals and under direct supervision of their repective US lawyers.

Concern over the disclosure of sensitive/confidential information
Confidentiality of information provided to outsourcing vendors can be protected in many ways not different from those followed by providers in the financial and accounting fields. Confidentiality agreements with all clients are signed to prevent disclosure of information to which they might have access in the course of the professional relationship. Further all HighQ clients are encouraged to evaluate our data storage, information security and disaster recovery provisions and programs to ensure against data loss or theft.

Concern over quality control
Critics of offshore outsourcing sometimes contend that the quality of the work performed by overseas vendors may be below par. The excellence and proficiency of the services offered by many outsourcing firms varies despite claims by all to be the highest level. Our response is try us. We encourage you to try a free trial of present or past work so that we can demonstrate our capabilities.

back to top