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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 WWWABANET.ORG/INTLAW - - - - - - - - - - - - - UT C