Lisa's article, Appellate Services Providers: Not Just for Printing Anymore, was published in the Spring/Summer 2008 issue of the Westchester County Bar Journal
Edward Poll of LawBiz interviews Lisa Solomon, Esq. about the benefits of outsourcing legal research and writing.
One primary reason attorneys outsource legal research and writing projects is time. Unfortunately, lawyers are not always in control of their own schedules. Deadlines—whether set by statute, court rule or judicial fiat—are ever-present. Frequently, it seems that everything must be done at once. Some tasks demand your personal attention; others, such as legal research and writing, do not. Outsourcing enables you to weather particularly busy periods without having to hire an employee or face time pressures that lead to attorney stress and burnout.
Outsourcing legal research and writing on a project-by-project basis is cost-effective for attorneys and firms. Hiring an associate requires a significant investment in both time and money. When you outsource legal research and writing projects, you pay only for the time it takes to complete the project, but when you hire an employee, you immediately add to your fixed expenses. Your practice may be busy enough to benefit from project-based outsourcing, but not busy enough to not support another employee. Outsourcing is a wise use of your firm’s resources that can increase profitability.
Hiring an associate has other downsides that can be avoided by retaining an independent contractor to assist you with your research and writing needs. An employee adds to your administrative burdens, especially if you are a sole practitioner. Your malpractice rates will rise, and you will be subject to all the financial and legal responsibilities that accompany "employer" status. Retaining an independent contractor is much less complicated, both initially and on an ongoing basis.
In fact, outsourcing legal research and writing projects can help your firm's bottom line. With two exceptions, all of the bar associations that have addressed the issue—including, most notably, the ABA—have determined that an attorney may charge the client a premium or reasonable measure of profit in excess of the research and writing provider's cost to the attorney, as long as the total charges to the client are reasonable. (The exceptions are the Maryland Bar Association [which did not give any reason or cite any rule in support of its position] and the State Bar of Texas [whose opinion is poorly reasoned on a number of grounds]). Regardless of whether or not you choose to charge your client more than you pay for legal research and writing services, outsourcing is still cost-effective for your client, since even a rate that includes a reasonable profit to you will generally be less than your own hourly rate.
"Lisa Solomon is a true professional. We have just finished an appellate brief, under a tight deadline, and she was there every step of the way."
Moreover, a lawyer who concentrates in legal research and writing can often accomplish those jobs more efficiently than a busy practitioner who may not be as familiar with the available resources or as experienced in searching large databases for sometimes elusive answers. You may already outsource other tasks to independent professionals, such as private investigators, in order to benefit from their expertise. Outsourcing frees you to use your valuable time in a way that is most efficient for you and your clients.
Additionally, attorneys who do not regularly do research and writing may not have ready access to research materials when they need them. Lisa Solomon has immediate access to all state and federal cases, statutes and regulations, as well as a wide range of secondary sources.
Finally, some lawyers simply like doing "outside" work—such as trials, depositions and client meetings—more than "inside" work, such as legal research and writing. Outsourcing frees you to do those tasks that you find most personally and professionally rewarding.
Of course, it is not always necessary to outsource an entire legal research and writing project. You may need help with research, but may want to write a brief or opinion letter yourself. Or you may have already written a first draft, but need someone to edit your work. Small firms and sole practitioners in particular can benefit from the fresh perspective and critical eye that an outside researcher/writer can bring to a case.
In sum, as the National Law Journal recognized, legal research and writing services "can be lifesavers" and, as Ed Poll of Law Practice Management Review, The Audio Magazine for Busy Attorneys said, "a Lisa in your life could make it more pleasant, profitable and efficient."
For some examples of projects that have been outsourced to Lisa Solomon, Esq., go to our "Services" and "Writing Samples" pages. To discuss your legal research and writing needs with Lisa, Contact Us.
The content of this site is for informational purposes only and does not create an attorney-client relationship. This site does not provide legal advice. Only licensed attorneys may use the services offered through this site.
