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Employment lawyers routinely handle services such as employee privacy, anti-discrimination policies and even pension and benefit administration; but is there a new trend emerging that includes outsourcing those services provided by employment lawyers? Maybe, says A. Harrison Barnes. It’s not without risks, though. Barnes, a lawyer and career coach, says it’s important to keep the legal bases covered:

  • Your employees have rights and as such, efforts must be made to keep that information confidential at all times – even when incorporating outsourced legal services
  • It’s important to remain in state compliance when considering an outsourced lawyer
  • Because outsourcing usually doesn’t include a local physical address, you’ll need to do your research so that you’re not left vulnerable on any level.

Even with the precautions, there are certain advantages to using outsourced legal avenues. Retainers usually aren’t necessary, which can be quite substantial for smaller businesses. In a time when businesses are looking to cut costs anywhere they can, this is a strong motivator for many.

In 2008, the American Bar Association passed an ethics opinion that allowed American lawyers and law firms to outsource legal work “provided that they adhere to ethic rules on competence, supervision protection of confidential information, reasonable fees and not assisting in unauthorized practice of law.” The Florida Bar Association was the first state that approved outsourcing on a state level. The American Bar Association’s Standing Committee on Ethics and Professional Responsibility considered the move a “salutary trend in a global economy” and went so far as to call it a “favorable economic measure”.

So what does this mean for the legal field as a whole, and more specifically, lawyers who are in the job market? A. Harrison Barnes believes it’s indicative of a shift in the way professional services will be offered in the future. LawCrossing.com, one of Barnes’s award winning sites, is already feeling subtle changes in the air. While not overwhelming, there have been legal job openings for lawyers looking to work within a freelance capacity. There are several other valid reasons lawyers find this scenario a good fit, including overhead reductions and the ability to cover several niches within the legal employment arena. One client may need confidentiality agreements written while another is preparing to pursue embezzlement charges against a former employee.

Clearly, there are few, if any, downsides for both lawyers and clients. A. Harrison Barnes says it’s becoming a good fit the more collectively defined outsourcing becomes. When the relevant issues are addressed, businesses can safely move forward with working with their legal representation, even if they’ve never met face to face. LawCrossing.com is an excellent place to start the search for freelance attorneys, paralegals and legal secretaries. As this option continues to grow in popularity, it could very well become the preferred method for many, including and especially small business owners in the U.S. Time will tell if this is something that will catch on or if companies prefer the traditional face to face meetings.

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