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40 Int'l L. News 1 (2011)

handle is hein.journals/inrnlwnw40 and id is 1 raw text is: INTERNATIONAL
LAW NEWS

WINTER 2011
SECTION OF INTERNATIONAL LAW

VOL. 40 NO. I
AMERICAN BAR ASSOCIATION

7S
Outsourcing and Internationa Law
By Aaron Schildhaw and Steven Ricbman

utsourcing generally may be considered to be
the delegation to a third party of traditional
legal tasks that, by way of example, encompass
research, drafting, document review and other tasks gener-
ally performed by a lawyer or a paralegal under a lawyer's
supervision. Outsourcing encompasses a wide variety of
activities, ranging from patent claim drafting to document
review and brief writing. US lawyers engaging in legal pro-
cess outsourcing (LPO) may employ various approaches,
including the use of foreign subsidiaries or affiliates of the
US lawyer, direct hiring of foreign attorneys, or the use of
entities that perform tasks that while not constituting the
practice of law per se, yet nonetheless require and involve

supervision and involvement by attorneys.
To a large extent, there is nothing new with regard to
outsourcing; domestic law firms have been outsourcing
work for decades, whether in the form of document review,
use of per diem attorneys for depositions or court appear-
ances, and the like. What has changed-putting old wine
in new bottles, as it were-is the more recent phenome-
non of companies, often if not mainly located overseas, to
which American legal work has been delegated.
This article examines the history of the ABA Section
of International Law's Task Force on Outsourcing. The
task force examined the existing ABA Model Rules of
continued on page 4

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