Saturday, January 16, 2010

LPO vender selection

New to Legal process outsourcing?

First, remember that trusting the vendor you ultimately choose is very important. If there is cynicism in your mind, the relationship will not succeed.






Choosing the vendor: For solos like you it is not always advisable to go after the big names. You won’t be the largest client for them and therefore not always high on their priority list. One big client and your work will be de-prioritized. Choose a mid-sized vendor, who has certain advantages that work in his favor, may be a non-metro location or may be attractive stock options for employees or whatever, such that he is able to provide you with quality resources and commitment to service. Make sure you meet the vendor before you start regular work with them. This may mean sitting in a coach seat for a trip half way round the world, but if the relation works out and grows, it will be worth the backache and the bad food!

Confidentiality: It is just natural to be worried about the confidentiality of the documents you send offshore. India and Indians are no better or worse when it comes to protecting the confidentiality of data, so take the same amount of caution as you would in your country. There are vendors who might be able to do the work cheap for you but let’s face it, there is no way for you to know or control a situation where your work is floating around to sub-contractors of the vendor who couldn’t care less for confidentiality. So don’t take this lightly and take utmost care to build confidentiality into the contract that you sign with the vendor with heavy penalties in the event of a violation.

Conduct pilots: Good looking websites, impressive management profiles, ISO standards for data security are great first level of filters in your due-diligence process. However, you must ensure that the vendor has people who can deliver according to, or close to, what you need. It may be a long call to expect training to help parrots to analyze for you! Conduct pilot projects with the vendor, paid pilots if you have to. Usually some research or draft that has already undergone your scrutiny and efforts can make for a good pilot.

Train your people: No one knows more about your style and nuances better than yourself, so the best teacher for people who work for you is you. Train the team who works for you on law, research and analysis, drafting, etc. Having said that, make sure your vendor respects the fact that you spent effort in training their people and that your intellectual property is not used beyond what you permit. Also, make sure you work with the vendor to help him retain the people you train.

Try and increase the skill of the people: Just as your coaching job does not stop at the initial training when you hire in your own country, having a resource offshore is no different. Conduct constant feedback sessions for the people who work for you. Such sessions don’t have to be elaborate: inline comments, regular teleconferences and occasional video-conferences, if both your vendor and you have access to, are enough. Start with low complexity work for your offshore resources and over time (few months or as applicable) increase the complexity of the work that you send offshore. For example, if you are a patent prosecution lawyer, start by asking the vendor to conduct searches, gradually moving the writing the more descriptive sections and over a longer period of time moving to claims drafting. Work with your vendor to draft a guidebook for your style. Conduct periodic tests for the people who work for you. They will value it.

Meet them: Agreed, physically seeing your vendor or his resources may not be often possible. But do it when it is possible, combine an Asian vacation with a day’s visit to your vendor’s premises. Speak to your team often. Form a relation; it matters a lot to Indian people if you ask about their family, interests and aspirations.

Form a group: You must realize that you will not be the largest client for your vendor, so you cannot always have very pressing deadlines and too much iteration beyond the original scope of work agreed. The simple lesson there is that, scope your work carefully and don’t leave it to the first draft to realize what all should have or should not have been done. Like it or not, in this world, might is right. Therefore, do form a loose association or a group of people in your profession who can pool together to have enough regular work for a couple of vendor’s people (or more, depending on your specific case), if you can. Having a predictable inflow of work is also good for your vendor and thus you (or your group) will always be an important client for him.

Legal Body Shopping: This isn’t a common form of practice in the LPO space and I am not aware of a prior use of this phrase, but do work with your client to see if it is possible to form an arrangement where the people who work for you can be trained at your location for sometime and then sent back to the vendor’s location but dedicated for your work for a committed period of time. This notion worked very well for IT companies and their western clients in the 90s. Move to Full-Time Employee (FTE) model when possible for you, it boosts productivity, reduces costs and helps increase the complexity of work that you can get done offshore.

Billing rates: You are in it for long and for value. As with any other relation, getting it to work to your benefit will take time and effort, so don’t nickel and dime about the rate too much. As the saying goes, if you pay only peanuts, you get only monkeys!

Be nice: Give references to the vendor, if you like them. Doing so will make the vendor always respect you, your work and your demands. Seeing friends benefit from LPO, a notion that you introduced to them, will only make you popular and respected! After you have become confident of the quality of the work product, share it with your clients and pass on the benefits to your clients. You are sure to gather a lot of goodwill doing so. However, make sure your vendor does not poach your clients, make the relation work to your benefit.

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