ABA Section of Business Law
Business Law Today
Snap Judgments
By Molly Thomas
Legal Outsourcing Has Legs
Law firms are looking for ways to trim costs these days, as clients demand
firms with lower fees, reports the Wall Street Journal, and one
trend that continues to expand is outsourcing. Certain tasks can be
delegated abroad, to India, for example, where an experienced lawyer
charges from $75 to $100 an hour to do routine tasks such as document
review, legal research, and due diligence. While legal outsourcing to India
generates only about $250 million per year in revenue, that number
continues to grow. An estimated 35,000 legal jobs could move from the
United States to India by next year, and up to 79,000 by 2015, estimates
Forrester Research Inc.
Legal outsourcing "has built up now with cheap Indian lawyers who are pretty smart doing the sort of work done here by paralegals," says Sanjay Kamlani, co-chief executive of Pangea3, a New York-based outsourcer. Legal outsourcing firm QuisLex Inc. says it is gearing up for more work at its office in Hyderabad, India, stemming from the U.S. government bailout of Wall Street. The firm is involved in helping U.S. companies facing regulatory investigations about subprime mortgages. Says Sirisha Gummaregula, QuisLex's chief operating officer, "Any time there is economic fallout, one thing that always comes out is new regulation . . . That's where we can help the companies out."
Legal outsourcing "has built up now with cheap Indian lawyers who are pretty smart doing the sort of work done here by paralegals," says Sanjay Kamlani, co-chief executive of Pangea3, a New York-based outsourcer. Legal outsourcing firm QuisLex Inc. says it is gearing up for more work at its office in Hyderabad, India, stemming from the U.S. government bailout of Wall Street. The firm is involved in helping U.S. companies facing regulatory investigations about subprime mortgages. Says Sirisha Gummaregula, QuisLex's chief operating officer, "Any time there is economic fallout, one thing that always comes out is new regulation . . . That's where we can help the companies out."
More and More Malpractice
As deals go deeper and deeper south, extra attention is being paid to every
detail, and the outcome of some of that scrutinizing is a rise in
malpractice suits against lawyers, in particular, real estate lawyers, as
reported by the Daily Business Review, a South Florida legal and
business publication. Bill Loucks, president of Florida Lawyers Mutual
Insurance based in Orlando, has seen a 13 percent increase in claims
related to real estate, saying "the economy has had an indirect impact
on claims, primarily on the real estate practice area. Attorneys whose
primary practice is centered around real estate went through a real estate
boom . . . When the real estate market fell apart, then there was a lot of
very close inspection of lawyer-prepared documents." Typical claims
involve allegations of conflicts of interest, poorly constructed contracts,
and zoning issues. Andrew Hall, partner of Hall Lamb & Hall in Miami,
insists that legal malpractice claims are not simply born out of the
declining economy, but an issue coming to a head for years. He targets the
current approach of law as a business, and in particular the pressure to
hit certain billable hour goals. "You're creating your own doom,"
says Hall, "because you're setting higher standards for yourselves by
what you're charging." Higher bills ultimately can strain the
relationship between attorneys and their clients, Hall said. Since unpaid
legal bills also usually accompany malpractice suits, Hall advocates
regular communication of needs and bills as a deterrent to the possible
monetary tension between lawyer and client.
Large Losses Lead to Lawsuits
USA Today reports that federal securities class action lawsuits
involving Wall Street are up 19 percent from 2007. Says Tom Dubbs at
Labaton Sucharow, "We're seeing a raft of cases flowing from the
credit crunch, mainly against financial institutions." Plaintiffs'
deep anger is clear, with almost 50 percent of the year's litigation
involving investor losses related to the collapse of the securities and
debt markets, and plaintiff claims totaling up to $856 billion. A record
percentage of financial companies are facing litigation, with nearly one
third of financial companies listed on Standard and Poor's 500 index listed
in new lawsuits. Observed Stephanie Planchich of NERA Economic Consulting,
"People are looking at their securities and perhaps bringing suits if
they think there was fraud going on," so expect the startling number
of lawsuits targeting financial services to continue to rise throughout the
year.
Legal Self-Serve
Do-it-yourself isn't just for crafts anymore. A rising number of Americans
are serving as their own counsel lately, and not just for the typical small
claims and uncontested divorce cases, but even in more complicated
situations, such as bankruptcy, complex lawsuits, and child custody,
reports the Associated Press. Most pro se litigants are choosing to
represent themselves because of the cost involved in hiring a lawyer. There
are no national figures on how many people are choosing to represent
themselves, but Tim Eckley of the American Judicature Society in Des
Moines, Iowa, says, "I don't think anybody who's involved with the
courts would deny that this is a trend in the last 10 to 15 years."
Sue Talia, a judge from Danville, California, has traveled all over the
country to talk to legal professionals about the growing trend, and reports
that "courts are absolutely inundated with people who do not
understand the procedures. It is a disaster for high-volume courts, because
an inordinate amount of their clerks' time is spent trying to make sure
that the procedures are correctly followed." It's clear that the
phenomenon is not about to die down, so many states have set up Web sites
and help desks to guide pro se litigants through the various processes.
Channeling Charitable Work
New York lawyer Steven Reiss certainly sets a good example for his
co-workers. As litigation partner and co-chairman of the pro bono practice
at firm Weil Gotshal & Manges, Reiss helped integrate pro bono work as
part of the reputation and culture of the firm, but his dedication to a
charitable lifestyle extends beyond the office . . . all the way to the
English Channel. New York Lawyer reports that Reiss and a group of
self-professed "really old guys" swam the English Channel last
August to raise money for a rare genetic lung disease, Alpha-1 antitrypsin
deficiency. Reiss calls this "public service," which he and his
firm differentiate from pro bono work, and which he believes in both
personally and professionally, saying, "You can't tell people they
have to do public service, but it is the right thing to do and we expect
people to do it. We've embedded this into the character of the firm, and
now it has a life of its own." From a business standpoint, he believes
that his firm's reputation attracts clients and employees alike, who
identify with the well-rounded spirit of the firm. "It is hard to
quantify," says Reiss, "but to the extent the firm has a
reputation for public service, charitable work, ambitious pro bono goals,
involvement in the community, it helps." Good for the business and the
body!
Bankruptcy Boom
As business slows in other areas, bankruptcy filings are expected to
proportionally continue to rise through 2010, reports the National Law
Journal. After Lehman Brothers filed the biggest bankruptcy of all time
in 2008, the expected rash of smaller bankruptcies could seem like small
potatoes, but the projected number of filings and range of industries
involved means big business for firms with bankruptcy teams. In 2008, 37
public companies with assets of $250 million dollars or more filed for
bankruptcy, more than three times the number in 2007. Before the credit
crunch, capital from private equity funds and hedge funds and liberal loan
terms helped companies settle financial difficulties outside of the
courtroom with help from their law firms, but the present reality is that
some companies just aren't going to be able to negotiate around bankruptcy
the way they might have in the past. An upside? Some BigLaw firms are
looking to hire, hoping to bolster their bankruptcy teams as they brace for
more restructuring work.


