Malpractice Liability Related to Foreign Outsourcing of Legal Services
St. Mary's Journal on Legal Malpractice and Ethics, Vol. 2, 2012
62 Pages Posted: 3 Jan 2017
Date Written: 2012
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 firm principals and employees, 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
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