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Outsourcing Legal Research: The Small Firm's Competitive Edge John P. Fishwick, Jr. Solo and small firm trial lawyers need to focus on client development and trial preparation to have successful practices. Successful lawyers do not have fifteen free hours in a week to quietly focus on legal research and writing. Should your firm hire a new research associate or bring in a research firm to provide the necessary backup? This article examines the option of outsourcing legal research. Information Age Lawyers are more and more becoming information providers for their clients. Typical questions from clients are, "What is ERISA and how does it affect my recovery?" or "How do I win my age discrimination case?" Often you will know the answer immediately, but sometimes you will be hesitant to respond if it's not your area of expertise. If it's a client you want to keep they will expect you to have the information they need. You can use a research firm as a resource for you. Most research companies work only for attorneys. You can tap into this information source only because you are an attorney. Tell your client this and they will appreciate access to this legal information. New Business Methods Large and small businesses now assemble teams to handle new business projects. Large companies such as Microsoft use temporary workers to develop software. Small businesses in advertising outsource to companies such as Kinko's to produce work often superior to larger agencies. Businesses assemble teams for a new project and when the project is complete the team is disassembled. Successful law firms are starting to follow this model and build teams around their cases. Cost Significant out of pocket expenses can be incurred by a small firm in hiring an associate for legal research. Besides salary, rent and insurance there will be supervision and training time. You also need a researcher who likes doing research and has experience searching databases. Research firms, on the other hand, charge on a project by project basis and do not impose a drain on overhead. Get cost estimates up front from the research company. Most companies will work on a fixed fee basis so you can budget money spent on research Our company works on a fixed fee basis and on an hourly basis. Typical costs for research memoranda run between $500.00 and $1500.00. Quality Most lawyers ask, "Can I trust someone else to research this case for me?" First, lawyers need to make sure their time is spent productively for clients. Your legal skills will always permit you to spot legal issues that others can research. You should only hire a research company after asking for references and finding out the experience of the attorneys who will work for you. If the researcher on your file is a law student then do not use the research company. Get a company that will put an experienced Virginia attorney on your case. Also find out if the company has researched your type of issue before. It always helps if you do not have to pay for "education" time. Types of Research Outsourcing The most common research done by research firms is memoranda for internal use. Attorneys are also asking for briefs ready to be filed in court. Other pleadings such as motions in limine, summary judgment briefs, and appellate briefs are routinely prepared by research companies. Tailor your request to what you need for your case. Build a Team Every day in your practice you build teams. A research company can equal the quality of work done by associates at large firms. You can add the research company to your team on the cases you choose. It's ammunition that gives you a competitive edge against other firms.
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