Thanks to all those who responded to my recent “Legal Process Outsourcing” survey – we had a respectable response rate of around 20% and some individual feedback for which we are most grateful. Here are some preliminary conclusions –
- Of those responding, a clear majority of about 70% had not outsourced and had no experience of the process. Of the 30% who had some experience, over 80% had experienced mixed or negative aspects of the process – only one respondent said they had had an entirely positive experience.
- Of those who were thinking of outsourcing, the results were again mixed with 46% agreeing they would consider outsourcing of large disclosure exercises but 54% saying they remained to be convinced of the benefits or who had come to the conclusion that the work should not be outsourced in any circumstances.
- In response to the question about which aspects of their work they would consider outsourcing, 77% thought that they would consider outsourcing initial document review, the collection and processing of ESI and document review or aspects of their middle or back office functions.
- More interesting were the specific factors to be weighed up when considering the whole question of outsourcing. Among the many factors, both good and bad, mentioned by respondents were:
- Standards of work.
- Ability to pass on costs to the client.
- Fee reduction for the firm.
- Quality assurance and control.
- Concerns about the process for litigation and legal review. At least one respondent thought the whole idea of outsourcing was a bad one.
- Here to stay and could help smaller firms handle bigger cases.
- Necessary for smaller firms particularly with large scale e-disclosure.
- Concerns over future of legal profession if everything outsourced.
- Confidentiality.
- Regulatory compliance.
- Cost.
- Ability properly to interrogate documents.
- Concerned how to test document review as it was being done.
- Why outsource if you can do it in house?
- Jurisdictional and data protection issues.
- 18% thought that there should be no outsourcing and that all work should remain in the UK for fear of what might happen to the legal profession in the event of outsourcing becoming widespread.
Once again, many thanks to all those who participated. We will use the information to shape our own Smart Sourcing service that is due to be announced shortly. And naturally, we will continue to respect the confidentiality of the responses and the respondents alike – which makes it a tad difficult to announce the winner of the lunch on me but you know who you are (or you will shortly)!!