Malpractice Liability Related to Foreign Outsourcing of Legal Services

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Malpractice Liability Related to Foreign Outsourcing of Legal Services
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Malpractice Liability Related to Foreign Outsourcing of Legal Services

Vincent R. Johnson & Stephen C. Loomis

2 St. Mary’s J. on Legal Malpractice and Ethics 262 (2011).

    The outsourcing of client-related tasks to service providers in other countries is likely to generate malpractice claims against American law firms.  This Article discusses the wide range of theories under which an outsourcing American law firm may be liable for its own negligence or for the actions of outsourcing providers.  These theories include negligence by the outsourcing law firm, vicarious liability for the conduct of independent contractors, and vicarious liability for the conduct of business partners.

Keywords: legal malpractice liability, foreign outsourcing, legal process outsourcing, intellectual property, vicarious liability, independent contractors, consumer protection, civil responsibility, enterprise responsibility, limited liability entities, negligent delegation, negligent supervision, negligent disclosure of material information, ostensible agency, apparent agency, unconsented outsourcing, joint venture, partnership by estoppel, civil conspiracy.

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