ATL ran a guest post discussing outsourcing and the ABA's 2008 stamp of approval (ABA Formal Opinion 08-451) ("Opinion"). I am conflicted on the issue but post it here for interest. From a business perspective, I appreciate both: the client's disapproval of enormous discovery (coding) fees, and separately, the arguably mechanical task of coding documents. On the other hand, and as an American licensed attorney who continues to see the employment market she participates in continue to constrict via acts by her alleged advocate (Dearest ABA, please stop sending me membership materials) - I'm a little cheerless.
But apart from my biased protectionist preferences, there are questions that are not so easily answered: is discovery (coding) the practice of law? Are Opinion provisions describing apropriate supervision adequate? Will quality control suffer? How will the courts handle quality control issues that are later litigated? And will clients be happy to get what they paid for? And for how long?
FWIW (and as ever, the comment string is as entertaining as the post).
Hat tip: Acevedo at ATL.
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But apart from my biased protectionist preferences, there are questions that are not so easily answered: is discovery (coding) the practice of law? Are Opinion provisions describing apropriate supervision adequate? Will quality control suffer? How will the courts handle quality control issues that are later litigated? And will clients be happy to get what they paid for? And for how long?
FWIW (and as ever, the comment string is as entertaining as the post).
Hat tip: Acevedo at ATL.
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