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

See all articles by Vincent Johnson

Vincent Johnson

St. Mary's University School of Law

Stephen C. Loomis

St. Mary’s University

Date Written: 2012

Abstract

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

Suggested Citation

Johnson, Vincent and Loomis, Stephen C., Malpractice Liability Related to Foreign Outsourcing of Legal Services (2012). St. Mary's Journal on Legal Malpractice and Ethics, Vol. 2, 2012, Available at SSRN: https://ssrn.com/abstract=2891941

Vincent Johnson (Contact Author)

St. Mary's University School of Law ( email )

One Camino Santa Maria
San Antonio, TX 78228-8602
United States

Stephen C. Loomis

St. Mary’s University ( email )

One Camino Santa Maria
San Antonio, TX 78228
United States

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