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The Risk of Breach of Confidentiality when Outsourcing/Offshoring

May 12th, 2008 No Comments
Written by Ernest Paul
 Technorati Tags: Outsourcing/Offshoring

One of the objections people often take to outsourcing of any type, but in particular to legal outsourcing, is the risk of breach of confidentiality.
Although ethic boards have upheld that outsourcing/offshoring legal work to an unlicensed attorney is ok as long as it is under the supervision of a licensed attorney, some still question whether it is.
The truth of the matter is that even without offshoring such work to India and other places, American law firms already assign some of their legal work to not only non-licensed attorneys but to some who are not even law graduates in the United States itself. And it’s not as though their services come cheap. Their work is, of course, overseen by licensed attorneys.

It is in the same way that all work done by attorneys in India is monitored by attorneys in the United States. Whereas certain offshoring vendors either have qualified American attorneys working for them, or associated with them, those that don’t still have their work supervised by American law firms or by a corporate’s own attorney.
But breach of confidentiality is still a concern, and, aware of this, offshore providers take every possible precaution to prevent it.
Employing every precaution they can, from secure, hack proof servers to firewalls to electronic access control they are as secure if not more secure than many law firms in the United States itself.
Then, there is that weak link in the chain- a disgruntled, unreliable or ambitious employee. Extraordinary attention is paid to employee selection. Not only does an applicant have to undergo vigorous tests and evaluations but he or she is also submitted to a meticulous background check. In fact, many more safety precautions are taken at these outsourcing/offshoring companies than they are at home thus minimizing the chances of breach of confidentiality.
This, perhaps, should, in some way, set a potential outsourcer’s mind at rest about the risk of breach of confidentiality when outsourcing/offshoring.

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