Ethical Risks of Offshore Outsourcing of Legal Services
Avoiding Malpractice Liability and Ethics Violations
Recording of a 90-minute CLE webinar with Q&A
Outline
- Ethical considerations for offshore outsourcing
- Duty to supervise
- Attorney–client privilege
- Confidentiality
- Conflicts of interest
- Unauthorized practice of law
- Privacy/data security
- Ethics opinions
- New York City bar
- San Diego County bar
- Los Angeles County bar
- Florida state bar
- Best practices to avoid malpractice liability and ethics violations
- Obtain client consent to outsource
- Get reliable referral of law firm/lawyer/outsourcing firm
- Supervise contract workers
- Check for conflicts of interest
- Maintain client confidences
- Ensure that contract workers have tight security measures to protect confidential data
- Disclose markups on pay to foreign attorneys
- Incorporate ethical expectations in outsourcing contract
Benefits
The panel will review these and other key questions:
- How have bar opinions dealt with the confidentiality and privacy concerns arising from offshore outsourcing?
- Are non-U.S. lawyers handling U.S. cases engaged in the unauthorized practice of law?
- What protections can firms and corporations put in place to avoid liability for outsourcing?
Faculty
Michael P. Downey
Partner
Hinshaw & Culbertson
He helps law firms comply with their legal and ethical obligations and advises attorneys on avoiding malpractice claims... | Read More
He helps law firms comply with their legal and ethical obligations and advises attorneys on avoiding malpractice claims and disciplinary complaints. He teaches legal ethics at Washington University.
CloseDavid R. Cohen
Partner
K&L Gates
He concentrates in e-discovery issues, technology and intellectual property litigation, insurance coverage, real estate... | Read More
He concentrates in e-discovery issues, technology and intellectual property litigation, insurance coverage, real estate and other complex litigation, and appeals.
CloseAndrew I. Dilworth
Partner
Cooper White & Cooper
He concentrates in the areas of general business litigation, criminal defense, and professional responsibility. He has... | Read More
He concentrates in the areas of general business litigation, criminal defense, and professional responsibility. He has written several articles on professional responsibility topics.
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$297