Careers in the legal process outsourcing SECTOR Tapping into opportunities as first world legal markets COMBINE onshoring AND offshoring SOLUTIONS Copyright © 2018, Cavelle Johnston, 4 Duke Street, Kingston Jamaica. All rights reserved

CREATING AN LPO FORMULA BY CONSIDERING “ONSHORING” PRACTICES IN FIRST WORLD COUNTRIES LEGAL PROCESS OUTSOURCING: A FIRM OBTAINS SUPPORT SERVICES FROM AN OUTSIDE LAW FIRM OR LEGAL SUPPORT SERVICES COMPANY ONSHORING: WHERE THE LEGAL SUPPORT PROVIDER IS BASED IN THE SAME COUNTRY OFFSHORING: WHERE THE LEGAL SUPPORT PROVIDER IS BASED IN AN ANOTHER COUNTRY COMBINATION OF ONSHORING AND OFFSHORING: WHERE THE LEGAL SUPPORT COMBINES OFFSHORE AND ONSHORE PARTNERS

EXTENDING FROM “ONSHORE” LEGAL SUPPORT TO “OFFSHORE” LEGAL SUPPORT In the United States, United Kingdom and Canada, large to medium law-firms generally require legal research and document review and compilation to be conducted on behalf of a client due to: Discovery requests whether from a regulatory body – an information subpoena, or from an opposing party/parties in litigation that has already commenced or is about to commence. Urgent need for global or state-wide research due to some imminent change / dilemma in the legal / regularity framework peculiar to their service / industry …among other areas.

WHY LAWFIRMS EXTEND FROM “ONSHORE” LEGAL SUPPORT TO “OFFSHORE” LEGAL SUPPORT The work needed does not generally require textbook knowledge of the substantive area, but rather a deep understanding of Confidentiality: recognizing when a particular document is confidential and levels of confidentiality Privilege: recognizing when a party can claim a right to withhold disclosure and inspection of a document Relevance: restrictions on the subject matter to prevent “fishing” into the affairs of parties subject to litigation, among other concerns….AND

WHY LAWFIRMS EXTEND FROM “ONSHORE” LEGAL SUPPORT TO “OFFSHORE” LEGAL SUPPORT (CON’T) THE WORK GENERALLY REQUIRES A KNOWLEDGE OF Electronic discovery software: software systems designed to upload large numbers of documents, allow them to be classified internally and allow for multiple reviewers to consider the final product, each leaving a digital footprint of their activity. Concordance Summation Kroll Creativity AlpaLit, to name a few

PARTNERING WITH FIRST WORLD COUNTRIES TO provide “OFFSHORE” LEGAL SUPPORT: a Jamaican formula Local Law-firms to create capacity to recruit and train legal staff on the core skills needed in an outsourced project. Overseas firms / staffing agencies identify Jamaican law-firms with this capacity and engage them directly. Attorney-at-law or Law student awaiting call to the bar attaches to a law-firm and receives information on upcoming legal outsourcing projects for which they may apply

careers in legal process outsourcing : a Jamaican formula LPO Litigation Manager Staffing Agencies Attorneys-at-law with international training (Juris Doctor Degree – Canada and the United States, LLB – United Kingdom) Paralegals with local certification to provide litigation support

careers in legal process outsourcing : a Jamaican formula Participating Law-firms to create a position of LPO Litigation Manager This should be an attorney-at-law with a thorough understanding of international e- discovery software, general principles of evidence, confidentiality, privilege Jamaica’s Civil Procedure Rules Part 28 – Disclosure and Inspection of Documents is a good starting point Become familiar with e-discovery software used internationally (Concordance, Summation, Kroll, Creativity, AlpaLit, to name a few)

careers in legal process outsourcing : a Jamaican formula Jamaican Staffing Agency - whether stand alone or housed within a Jamaican law-firm Will train local attorneys-at-law in the core functions of a outsourced legal project Will provide physical work space to house legal projects where it is not practical to contain the project within the local law-firm Will provide the electronic discovery software and the secure work environment

Providing “OFFSHORE” LEGAL SUPPORT: a Jamaican formula Your overseas partner will provide training and supervision on the specific rules to govern a legal project Where necessary, the final product will be checked by an Attorney competent to practice in the relevant jurisdiction and protected by malpractice insurance

Closing remarks: The salary stigma that has caused some concern in the BPO section in Jamaica may not arise in respect of LPO’s if an attractive payment scale is established that allows for the overseas market to experience cost savings without the work appearing as “slave labour.” This is a stigma that arises primarily from salary, working conditions and bargaining power. I believe it is important from the initial marketing of this new industry to potential overseas partners, that there be a firm understanding of the salary expectations of the Jamaican market relative to what obtains in international markets.

Closing remarks: As an internationally trained attorney, I had to the opportunity to participate in on-shore legal product outsourcing projects in Connecticut and the District of Columbia When I graduated from Washington and Lee School of Law, my primary concern was to pass the bar! I did not even feel that I could properly look for a full time job. Staffing Agencies in Connecticut and the District of Columbia collected resumes of persons confirmed to sit the local bar exams or to waive in from another jurisdiction, and began to send job opportunities my way.