The Ethical Issues Associated with the Outsourcing of Legal and Law Research Paper

The Ethical Issues Associated with the Outsourcing of Legal and Law Related Services Outsourcing to India - Research Paper Example However, a number of ethical issues have cropped up as a result of this outsourcing. The American attorneys based in the US believe that by doing so the American attorneys are losing touch with their work. With outsourcing, a number of problems crop up such as the issue of keeping control over the work and the way it's being done in the first place. While outsourcing call centers etc were more commonplace, the American companies were less forthcoming regarding outsourcing legal work overseas due to the fear of the clients' backlash and the way the labor unions would react to the use of Indian labor. The American Bar Association ethical rules clearly state that all law firms are required to pass all the cost savings on to the clients as a result of outsourcing. There are a number of legal authorities which will be studied for the purposes of this paper such as the California Rules of Professional Conduct (CRPC), ABA Model Rules of Professional Conduct(Model Rules) and lastly, the California State Bar Act. There are a number of advisory bodies such as the ABA standing committee on Ethics and Professional Responsibility Formal Opinions (ABA), California Standing Committee on Professional Responsibility and Conduct, San Diego County Bar Association Legal Ethics Committee etc. According to the laws regarding unauthorized practice or even abetting such practices can result in; B&P 6125: "No person shall practice law in California unless the person is an active member of the State Bar."According to CRPC1-120 "A member shall not knowingly assist in, solicit, or induce any violation of these rules or the State Bar Act." According to the definition of law provided by the case of Morgan v State bar 51 Cal. 3d 598(1990); Farnham v State Bar Cal. 3d 605, 612 (1976);"The giving of legal advice and the preparation of legal instruments and contracts by which legal rights are secured; court appearances; engaging in negotiations with opposing counsel."Â