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Tuesday, October 12, 2010

Can LINA Argue for Termination of Long Term Disability Benefits after terminating it for Another Reason?

Its all because of disability attorney’s effort, so Douglas Juszynski got the reinstate of his long term disability benefits after LINA denied his claim. Court proceedings can become complicated. Seeking continued long term disability benefits after termination is no exception. A case heard in March 2008 in U.S. District Court for the Northern District of Illinois, Eastern Division, demonstrates this yet again.
When Juszynski’s case came before this Court, his right to compel LINA to reinstate long term disabilities benefits after its termination remain the main issue.. Juszynski filed a motion for summary judgment or in the alternative, an entry of judgment in his favor. On the other hand LINA filed a cross motion for summary judgment or in the alternative, an entry of judgment in its favor. Let’s see how the Court reviewed this case.
Juszynski worked in service of Marconi Medical Services, Inc. as a Senior Service Engineer from February 1969 through July 2001. In July 2001, Juszynski ceased working due to peripheral neuropathy and back, neck and leg pain. He applied for and received long term disability benefits until September 2005. Thereafter LINA terminated his disability benefits.
Juszynski believed that he remained entitled to long term disability benefits, and LINA should not have terminated the payment of his long term disabilities benefits after 24 months. The following evidence supported his claim:
·         A report from his physician Dr. MacEntee showed that he was permanently disabled person.
·         After bypass surgery, his treating physician, Dr, Choudry, submitted a medical report that he is unable to work at that time.
·         The social security Administration had also declared that he was permanently disabled person and entitled to long term disability benefits. Dr. MacEntee sent a follow up evaluation form to LINA stating his view that patient is for disable.
After reviewing his updated medical report LINA approved continuing long term disabilities benefits but once again notified Juszynski in October 2005 that the long term disability company was terminating his benefits because Juszynski had failed to produce evidence of his continued total disability to work. Juszynski appealed twice, but on July 2006, LINA upheld its denial of long term disabilities benefits.

District Court Reviews Long-term Disability Termination De Novo

Juszynski had no choice. In order to have his benefits reinstated, he would have to hire a disability attorney and take his claim before the Court. District Court found that a de novo review would be the proper standard of review using the Supreme Court holding in the case of Perlman v. Swiss Bank.
Juszynski's disability attorney argued that once LINA had approved his claim; it could not terminate benefits, if the medical condition worsens. Juszynski cited a number of cases in which the Courts held that once an insurer approves a claim it cannot terminate the long term disability benefits unless a claimant's condition improves.
The disability attorney claimed that all evidence favored continuation of Juszynski's long term disabilities benefits. LINA’s contention was that based on the medical reports and opinions of Dr. Ivkov, Dr. Choudry, Dr. Patel and Dr. MacEntee, Juszynski's condition was indeed improved.
A certificate from Dr. Ivkov stated that Juszynski was capable of performing the duties of a sedentary occupation. His disability attorney argued that Dr. Ivkov had merely checked a box which indicated his opinion that Juszynski could sit between 2.5 hrs and 5.5 hrs. This did not prove he could work a full day.
 In his reply to LINA’s request for medical information, Dr. Choudry left neither positive nor negative remarks in respect to Juszynski's working capability.
Dr. Patel returned blank physical ability assessment form. An incomplete or blank request form referring to contact physician could not be concluded as affirmative evidence that he has no physical limitation.
LINA contended that none of the three specialists he was seeing held the opinion that Juszynski was totally disabled from any occupation. Only Dr. MacEntee, a general practitioner without any specialization or expertise, held the opinion that Juszynski could not perform the duties of a sedentary occupation.
On the other side, Juszynski's long-term disability attorney argued that, Dr. MacEntee's medical reports had been accepted by LINA initially. This doctor had reported to LINA at least five times.

Disability Attorney Argues that Disability Plan Ignored Social Security Disability Decision

When it terminated Juszynski’s benefits, LINA failed to take in to account the determination of the Social Security Administrator. LINA was aware of this determination. In fact it reduced LINA’s payout of long term disability benefits to $1174 per month. In Anderson v. Operative Plasterers & Cement Masons international Ass'n Local No. 12 Pension & Welfare Plans, the Court held that that the findings of the Social Security Administration are key evidence with respect to an ERISA claim. LINA never addressed why it need not consider this decision during the whole administrative appeals process.,

LINA Points to Alcoholism Limitation in Long-term Disability Benefit Plan

LINA went on to argue that the alcoholism limitation in the plan made Juszynski ineligible for benefits after he completed 24 months of long term disabilities benefits. In reply Juszynski's disability benefit attorney argued that while there was evidence which indicated that the condition of Juszynski suffered could have been due to alcoholism, LINA had never once given this as a reason for terminating his client's benefits.
The disability attorney argued that the Court must find that LINA had waived its right to raise this objection before his client had not been given the opportunity to address this issue before the commencement of suit. LINA had waived its right to raise this issue after the fact because it had not been an issue before.
Juszynski's attorney argued that LINA’s attempt to invoke the alcoholism limitation of the policy was not allowed by ERISA. In addition to this issue, LINA had already generally failed to give proper notice to Juszynski with specific reasons for terminating his benefits and had failed to give him reasonable opportunity refute the decision by giving specifics as to what information the disability plan needed from him.
After considering the facts and the evidences produced by the parties and hearing both the sides, the Court entered judgment in favor of Juszynski. LINA was ordered to reinstate Juszynski's long term disabilities benefits of $ 1174 per month retroactive to October 1, 2005. And to compensate Juszynski for any unpaid benefits.
Judgments like these are not only helpful to individuals Juszynski but also to others who are disabled and have their claims denied or terminated by disability benefit plans. Juszynski was in strong position through out the whole matter.
It also helps that Juszynski's case was well represented by his disability attorney. With the help of an expert disability plan attorney, with an eagle eye for evaluating the facts, and an understanding and deep knowledge of the subject matter, Juszynski's rights to long-term disability benefits were re-established. 

Thursday, March 25, 2010

LPO as career option for Lawers and Law Graduates.

Legal Process Outsourcing involves in-house legal departments, corporations, law firms or organizations outsourcing legal work from areas where it is costly to perform, such as the United States or Europe to areas where it can be performed at a significantly decreased cost, primarily India.


LPO for Law graduates:
Starting a career as a lawyer in court is really difficult for a junior, one need to practice under a senior lawyer for years and it is really difficult to establish one’s own practice.

India
Earlier, in India after graduation, one had to do 2 years of LLB degree and 1 year of practice under a lawyer to work as a lawyer, later the 3 year course was introduced with the court visits in the final year. In 1985, five year LLB course was introduced. Many students in India applied for LLB 5 years course just because they did not get the medical and engineering seats.
In India one has to complete 12 (10+2) years of education to apply for 5years of LLB, and one has to complete 3 years of graduation course after 10+2 to apply for 3 years of LLB course. Students applying for 3 years of LLB in India have come down of recent.
There are about 700 Bar Council approved law colleges in India and about 80,000 law graduates passes out every year.
There are only few national law schools in India, one has to write Common Law Entrance Test (CLAT) to be eligible to get into these premier law schools. The salaries of students passing out from these schools have crossed more than 12 lacs per annum.
Only few graduates make hard effort and join a corporate law firm. Many of the law school students passed out of national law schools get into corporate law firms and in-house legal departments of companies.
In India, after 5 years of the law graduation, many of the graduates enrol themselves in the state bar council and start practice under a senior lawyer or a law firm having 2- 20 lawyers.

United States (USA)
In USA, after 12 years of education ( i.e. after secondary education), one has to complete 4 years of bachelor degree and score at or above the seventieth percentile in the Law School Admission Test (LSAT) to apply for Juris Doctor (J.D.). There are 200 American Bar Association accredited law schools (188 with full accreditation and 12 with provisional accreditation) in the country.
In USA, J.D is a 3- 4 years course which make them to earn a degree in Law.
Once the J.D. is completed, candidates require to appear for the bar exams of particular state to practice in such state. In USA, it is a difficult task to get into the top Law firms in the country.

United Kingdom (UK)
In UK, after 13 years of education, ( i.e. after GCSE and A-level), one applies for LLB or diploma in Law and then takes a one year Legal Practice Course (LPC) to become a solicitor or Bar Vocation Course to become Barrister. LPC is usually followed by two years' apprenticeship, known as a training contract. Bar Vocational Course (BVC), followed by 1 year training in set of barristers' chambers, known as pupilage.
There are also other graduates, who after their graduation apply for Common Professional Examination (CPE) (also known as law conversion course or the Graduate Diploma in Law (GDL).
Foreign lawyers become solicitors in UK and the numbers of solicitors are on growth.
It is difficult to have a training contract in UK. It is also difficult to join top law firms in UK.
Since the LPO industry is on growth, LPO industry is the best option for Law graduates of India, USA and UK as it gives more stability and career growth.
There are many LPO’s in India offering Indian fresh law graduates the post of legal assistant, legal associate and legal executive or associate attorney at the entry level.
Law graduates from USA and UK can join the LPO industry and assist the LPO team. They can also take role in the marketing and business development of the LPO, they can also act as the coordinator between the LPO and the clients.

LPO for Lawyers:
Law education is not perfect unless you start practice in court for some years. All the law graduates are not lawyers, but all the lawyers are law graduates. Lawyer profession is also called as the noble profession. Lawyers are considered as the officers of the court in India.
Some people describe the law profession as “work- no money, work- money, and no work- money”. It is evident that where you will start to practice with no money for few years and start to earn money as you continue practice and at the later stage, you will be having no work, only money - your juniors will carry out every work.
Lawyers represent the plaintiff and defendants in the case and take a lead role in drafting of contracts, registration of properties, companies etc…
Lawyers’ roles vary depending upon the area of law they practice and the firm where they practice.
There are about 1 million lawyers in India, more than 1 million in USA and about 80,000 solicitors in UK.
If you are not having a good practice as a lawyer/ attorney/ solicitor or interested into a LPO, LPO is the better option for the Lawyers. LPO sector today needs the service of Lawyers having good drafting skills, it would be easier for lawyers draft complaints, motions and to research on the legal issues faster then the fresh law graduates. Lawyers also can take up the review of work done by the junior level LPO employees in the LPO sector.
As the US and UK lawyers are concerned, they can have partnership with the LPO vendors and share the profit. They can also take part in review and supervision of LPO work.

Designation:
LPO industry today offers many designations depending on the nature of work involved. E.g. Legal executive, legal assistant, associate attorney and legal associate at the entry level. Senior legal executive, Senior legal associate, assistant team Lead, and team lead after 2 years of experience. And Assistant manager, Manager, Assistant project manager, project manager, Vice president etc... after 3-7 years of LPO experience.

Salary:
The salary for entry level varies from Rs.8, 000 to Rs. 20,000 depending on the firm and reputation it has got.
Team lead would be getting salary of Rs. 20,000 to Rs. 50,000, and the Assistant project manager salary would be Rs. 40,000 to Rs. 60,000.
As the lawyers of UK and USA are concerned, the salary depends on the current salary offered for lawyers in US and UK.

Saturday, March 6, 2010

Microsoft to outsource general legal work to India

Software giant Microsoft will begin outsourcing general legal work to India after signing a deal with legal process outsourcing (LPO) company CPA Global. The news comes as CPA outlined plans to expand its Indian workforce from 600 to 1,000 by the end of 2011, and hinted at opening another outsourcing centre.
CPA said that it will be taking on ‘multi-jurisdictional legal research’ for Microsoft, but could not give further details, citing client confidentiality. Microsoft has outsourced intellectual property (IP) work to CPA since 2005, although no lawyers work on the IP team.
In June last year, Rio Tinto announced an outsourcing deal with CPA which the mining giant forecast would cut 20% from its annual legal spend. CPA lawyers review and draft contracts, undertake legal research and review documents on behalf of Rio Tinto. Leah Cooper, former managing attorney at Rio Tinto, joined CPA Global’s executive team this week. She will lead the strategy and development of CPA Global’s legal services outsourcing business.
CPA spokesman Venu Nair said that the south Indian cities of Bangalore, Hyderabad and Chennai are being considered as locations for a new CPA office.

Wednesday, February 24, 2010

The Legal Option For Brain Injury Victims

Brain injury victims can always take legal means to claim compensation for their injuries. If you are an accident victim who suffer from brain injury and has already sought a doctor, you can contact a personal injury lawyer who specializes in brain injury cases to help you obtain compensation for your injuries.
A victim who suffers concussions or head injury in an accident should watch out for symptoms of brain injury as it could cause a disability or worse, a brain injury that could lead to death.


The symptoms of traumatic brain injury include the following:
  • Dilated pupils
  • Loss of consciousness/confusion
  • Changes in vision (blurred vision, seeing double, intolerance of bright light)
  • Dizziness or difficulty balancing
  • Respiratory failure
  • Coma
  • Paralysis and trouble moving parts of the body
  • Poor coordination
  • Weakness/ lethargy
  • Slowed pulse and breathing rate
  • Vomiting
  • Tinnitus
  • Cognitive thought problems
  • Loss of bowel or bladder control
  • Unexplained emotional outbursts
Traumatic brain injury is the type of brain injury suffered mostly by accident victims. It is incurred when the head receives a severe blow caused by an external force. High-speed car accidents and slip and fall accidents are the common cases that result to brain injury. Medical malpractice can also result in brain injury.
Traumatic brain injury has three levels:
  1. Mild brain injury– Commonly known as concussions, it is characterized by brief loss of consciousness and a sense of confusion.
  2. Moderate traumatic brain injury – This is caused by loss of consciousness that lasts from a few minutes to a few hours. Confusion will last from a few hours to weeks.
  3. Severe brain injury – This involves a prolonged unconscious state or coma.
Brain Injury Treatment
Every brain injury is different, hence every victim responds to treatment differently as well. For this reason, a brain injury victim has to go through a personalized rehabilitative treatment plan, which includes physical rehabilitation, medication, community support programs, speech/cognitive thought rehabilitation, neuropsychological services, and other options. Together with medical professionals, psychotherapists, caretakers, and other support groups, family members can help lessen the emotional blows of brain injury.
Taking Legal Response
Aside from medical treatment, the best recourse for a victim to regain loss and damages for his injury is through the services of a personal injury lawyer. A personal injury lawyer who specializes in brain injury cases can help a victim gather and preserve evidence, build an effective case, and win the compensation that he rightfully deserves. 
Know more about taking legal advice email : vanani.ani@gmail.com

Tuesday, February 16, 2010

Small Claims Courts and How They Work in U.S.

Small claims courts are attractive for consumers who want to collect a small debt or recover damages for a faulty product or for shoddy service.

So you've decided to go down to the courthouse and go to the Small Claims Division. What now you ask. Let's take a look at the how and why regarding small claims courts. How did they come about and why are they used so extensively.

The first small claims court was created in Cleveland in 1913. Within a few years every state had such a court of limited jurisdiction. Small claims courts are attractive for consumers who want to collect a small debt or recover damages for a faulty product or for shoddy service. However, small claims courts are used heavily by businesses and public utilities that want to collect payments from customers for unpaid bills. In a single court session, a department store, utility company, or hospital may obtain judgments against a long list of debtors, making the process very economical.

We do not need an attorney to represent us. When you do go to courtroom, you will perhaps be surprised to see this group of people, wearing official badges and sitting in the jury box. Relax; you didn't accidentally stumble into some major hearing about to take place. Read on.

These folks are called mediators. They have been handpicked by the court and are highly qualified to act on most cases. They have years of knowledge and experience that effectively works for both parties. When the clerk of the court calls your name and the name of the other party, you will both stand up. When the clerk of the court recognizes both parties are present, he or she will hand a mediator your file at which point your little group goes off into a private room.

The mediators do not get to see the file beforehand. The mediator looks at the file, read the statement of claim and asks if there is any conciliatory manner in which the problem can be solved, short of a trial before a judge. During the discussion that follows both parties soon realize the additional costs, time and chances of losing might be. The mediator's efforts are to settle this out of court. If there is no chance for settlement, you are then instructed to go back into the courtroom and wait for the judge.

It's unlikely you will have a trial that day. The clerk of the court has to schedule it for another day. Sometimes the judge will hear trials that day but you have no idea at what time. If you do decide to stick around that make sure you are ready when your name is called. If you or the other party is not present then the absent party loses by default.

The small claims courts work very efficiently and you can receive rewards up to $7500 depending on the state in which you reside. How to collect is another matter entirely.

Monday, February 8, 2010

How to Change Your Name in Ohio.

Process of change in name is very easy in state of Ohio.

Followings are the steps :

All legal name changes in Ohio are attached to your existing birth certificate which is a computerized birth abstract showing the name change. After you change your name in Ohio all agencies, federal and state will accept your new name as your new legal name and will issue you documents with your new name if you wish.

Court ordering a legal change of name decreed in Ohio.

If you were born after December 20, 1908 then you are apart of a group of people the court is allowed to grant a legal change of name to. Once you get the court to certify your legal change of name decree the Ohio Vital Statistics office requires a copy. The court order must have been granted by a probate court. If you never had a birth certificate or were born before December 20, 1908 then the Vital Statistics office requires a delayed birth registration established by a probate court along with the certified copy of the legal change of name decree. The probate court is the only court that can do delayed birth registrations in Ohio.

Court ordering a legal change of name decreed outside Ohio.

If you were born after December 20, 1908 then you can be granted a legal name change outside Ohio. The Ohio Vital Statistics office will need a certified copy of the court ordered legal change of name and a delayed birth registration, which can be established by an Ohio Probate Court. Only Ohio probate courts can file delayed birth registrations.

The court order to legally change your name must contain:
1) The name prior to change
2) Changed Name
3) Name or county of court
4) Case number
5) Final date of the change of name
6) Signature of the Probate Judge or Deputy Clerk
7) Court Seal (not mandatory)

They may also ask for your date of birth, place of birth, and parent's names if they feel they don't have sufficient enough information.



Saturday, January 30, 2010

No more tax breaks to firms that outsource: Obama

"To encourage ... Businesses to stay within our borders, it is time to finally slash the tax breaks for companies that ship our jobs overseas, and give those tax breaks to companies that create jobs right here in the United States of America.

"Now, the House has passed a jobs bill that includes some of these steps. As the first order of business this year, I urge the Senate to do the same, and I know they will. They will. People are out of work. They're hurting. They need our help. And I want a jobs bill on my desk without delay," he told in the customary State of Union address.

India has been one of the biggest beneficiaries of outsourcing and could be the worst hit by this move to end tax breaks. The turn of this century saw American companies move jobs abroad that helped them save costs, with no dent on services as countries like India boast of an English-educated workforce -- be it IT engineers or for jobs that had to be done over phone. This trend gave India the name "back-office of the world" and birth to the term 'Bangalored' that means outsourced.

"But the truth is, these steps won't make up for the seven million jobs that we've lost over the last two years.

Monday, January 25, 2010

Legal Process Outsourcing - a Look Inside for 2010 and Beyond

LPO is the hot new trend in the legal field that allows law firms and corporations to obtain operational support and services from outside providers rather than internally. This process has demonstrated huge growth in the past few years within the United States and the UK, and offers a unique path for companies to get the services that they need, including document review, legal research, patent services, and drafting of pleadings and legal briefs.

Countries like India and the Philippines have proven to be very successful in this area, offering their services to anyone who needs them. The main purpose of legal process outsourcing is to cut costs dramatically and have the same quality of work done for less money. So far, it has been a successful endeavor.

What is the future like for LPO? As of July 2009, some of the largest firms in the world are using LPO services to handle their legal needs, but will it hold up? The services offered are very effective and affordable, but what will happen in the years to come? Specifically speaking, the trends for 2010 and beyond in the legal process outsourcing industry are of a key interest. Attorneys and law firms within the U.S. and other major markets often charge $150 -$350 an hour for services like the ones offered by outsourcing entities, which can do the same work at a fraction of the cost. As such, it is estimated that LPO will continue the massive growth, even through the current recession.

The work done by outsourcing services in the legal field is mostly work that is time-consuming and chore-like for the U.S. and UK based firms that seek out these overseas services. Legal process outsourcing providers have the advantage of providing a broad spectrum of services and being exposed to new theories, the best practices, and the latest laws and defenses available because of the work that they do. Some of the services offered by LPO companies include:

1. Case management, which includes the collection and review of documents, along with providing answers to client questions
2. Legal research, which is time-consuming and laborious for U.S. firms to handle on their own
3. Medical records reviews
4. Billing management
5. Patent services
6. Contract management
7. Expert witness services, including those who serve as witnesses and consultants in various matters and who can provide reports and expert testimony in Federal and State court trials and legal proceedings

Many other tasks that are time consuming and expensive to have done at home are also assigned to these LPO services on a firm-by-firm basis. There is very little limit to what these companies can and will do for law firms and corporations, if only they inquire about what services can be given.

Legal process outsourcing is not without its flaws and critics. One of the biggest points of concern for many is the potential confidentiality breaches that can take place. People who are performing these services overseas may or may not be bound to the same ethical standards and code that U.S. and UK based lawyers are subject to, which can cause conflicts of interest. The American Bar Association recently offered its own ethics opinions that laid down a framework that would allow for ethical LPO services across the country and around the world.

While confidentiality is a major concern, it�s going to be a matter of choosing the lesser of two evils in many cases. This might be taking valuable work away from the country�s own lawyers and legal advisors, and it could potentially cause a conflict of interest within the ethics and confidentiality area. However, LPO provides many legal entities a way to get services they desperately need at rates they can afford - sometimes as low as 15% of what they may pay if they were to handle the tasks "in house".

The work is cheap, which is why many firms choose this method for their legal needs. The steadily decreasing rates of LPO services in India are a large area of concern, because the quality and value of the services might be in jeopardy if the rates become too low. When the world revolves around getting what is paid for, how can anyone expect quality services when they�re paying next to nothing? Many people claim that they know quality when they see it, but many others feel that talents should reach farther than legal skills and provide U.S. specific and client/service/project specific training.

This service gained its popularity because it was affordable. When clients can get rates of $20 to $50 per hour for various legal services, rather than paying five times that with U.S.-based services, what is there to lose? Over the next few years, the LPO industry is projected to grow exponentially, allowing people to find everything they need outside their own country at a much reduced cost factor.

The legal process outsourcing industry has driven a revenue growth of 495% in 2009 alone. In response to increasing legal demands such as foreclosures and bankruptcies, the industry has been a popular choice for many in recent times. Forrester Research, which is an independent market research and technology company, forecasts that the LPO industry will create more than 79,000 jobs by 2015, all around the world. A small number of U.S. Census Bureaus also estimated that more than $184 billion in revenue generated by the legal services industry in the U.S. would generate more growth and job creation for legal process outsourcing services and providers.

Another independent market research firm, ValueNotes, estimates that LPO revenues will grow from a projected $640 million in 2010 to more than $4 billion by 2015, which is a big jump in revenues for this fairly new industry. Similar to many of the other outsourcing methodologies practiced by U.S. companies for decades, the LPO industry simply works by taking the �chore work� that legal firms and services have and sending it to providers that can do it for a much more affordable rate, and still provide the same high quality service and confidentiality that is needed in handling legal paperwork and proceedings.

It seems, due to the current research and projected forecasts, that the estimated trends for legal process outsourcing are quite good. The industry has grown nearly 500% in revenues in 2009 alone, and is projected to be an industry worth well over $4 billion by the year 2015. In an economy where the US is in recession, things need to be affordable. Many law firms are looking to hand these various services off to someone who can do them properly, but for much less than professional services offered in the U.S. or the UK.

It is a race to see which firms can perform tasks faster, smarter, and better than others. Law firms are essentially handing off the tedious, chore-like work to services that can perform the work properly and affordably, while maintaining their own abilities to focus on their clients and other more important aspects of their legal firm or corporation. Considering all the new services being developed and the increased popularity of this type of service acquisition, it appears that legal process outsourcing has a very promising outlook for the next five years at least.

Monday, January 18, 2010

What Is a Magna Carta?


What Is a Magna Carta?


What Is a Magna Carta?


Author: Anirudha

Most of the time when I write my legal articles, I try to give you some tips and practical hints to make your life a little easier when it comes to living with the law. This month, however, I want to take a moment to reflect on a document that made “the law” what it is today. Most of my friends know, I’m a bit of a history buff, especially when it comes to legal history. I promise I’ll write something more practical next month!


I was watching CNN recently when I saw a feature about one of the revisions of the Magna Carta going up for auction in New York. It turns out that this document was privately owned by billionaire H. Ross Perot. The document sold for a whopping 21.3 million dollars. A lot of money, but what price can one put on freedom?


As many of you may have learned in school, the Magna Carta was the single most important influence on the development of the constitutional rule of law we enjoy today. Essentially, the Magna Carta limited the right of the English monarch and gave certain protections to the king’s subjects. Most notable of these rights was the writ of habeas corpus, or the right to appeal an unlawful imprisonment. This was an astounding development in 13th century Europe! The Latin “Magna Carta” literally translates to “Great Paper.” Given its significance on the development of legal rule in western civilization, this name is no understatement.


There were several versions of this great document. The original Magna Carta came about as a result of a dispute between King John, Pope Innocent III and the English barons as to the rights of the monarch. While the power of the English king had been steadily increasing since the Norman conquest of 1066, a series of missteps by King John early in the 13th century led to discontent among the barons, anger from Rome, and a shortage in the treasury. On June 10, 1215, the barons marched on London. Londoners, in a show of support for the rebellious barons, opened the city gates and allowed them to enter without resistance. Fearing the loss of his crown (or even his life), King John agreed to grant certain rights and powers to his barons in exchange for their renewed vows of fealty. This written agreement was the first iteration of the Magna Carta. The document was revised and reissued several times over the next 80 years or so until its final issue in 1297. This is the document which was recently sold at auction.


So the next time you marvel at our constitutional government, our representative democracy, our bills of rights and the rule of law which we enjoy in this country, take a moment to reflect on the document that started it all. Given the influence of this document on our history, 21.3 million seems like a bargain.







Saturday, January 9, 2010

India- The Most Favorable LPO Destination

The growth of Legal Process Outsourcing (LPO) industry in Asian and African countries has given the global legal services sector a reason to celebrate. The LPO industry has become extremely popular throughout the international market, creating waves all across the globe. Various multinational corporations and law firms, especially in the USA and UK have gained substantial benefits from the presence of professional LPO companies in India. The presence of LPO companies has helped in simplifying complex legal processes and enabled domestic legal firms to work more efficiently and effectively, as a major part of the complex legal documentation work is carried out by the LPO companies overseas.

The biggest global market today, for outsourcing legal work is undoubtedly in India. The country with its huge, talented and skilled labor pool has been a major source delivering consistent work quality. Implementation of various identifiable and measurable quality-control initiatives by Indian LPO companies have also helped them in delivering top quality work-product thereby attracting various multinational corporations and law firms to outsource complex legal documentation to the Indian market

India offers a comparatively cheaper labor rate for a highly skilled workforce, which is competent enough to handle the most complex global legal operations. Employees working in the legal sector in India earn up to 30 to 70 percent lower wages, compared to their USA counterparts. This allows domestic firms to reap significant cost savings that are further reinforced by the cost of infrastructure in India, which is remarkably low.

The legal system prevailing in India is similar to the legal systems of UK and USA, which helps facilitate better understanding of client requirements, as well as timely delivery of work. Also, the availability of English speaking attorneys in India ensures clear communication between the parties minimizing the chances of errors created due to language barrier.

The geographical time difference of India with USA and UK helps in round-the-clock delivery of urgent projects or assignments. This considerably reduces the time involved in the legal process thereby allowing domestic law firms to function more efficiently. Various Indian LPO companies work round-the-clock on pressing legal projects, meeting tight deadlines and delivering high quality work.

The legal information outsourced by domestic law firms and multinational corporations require a high level of privacy and confidentiality. Indian LPO companies are extremely particular about the security of such data and ensure zero leakage of information by implementing stringent security measures.

Apart from all this, it is predicted that skilled labor force in India would increase at a rate of about 15 million a year. This would ensure a huge pool of qualified employees for law firms in the USA, Europe, and several other parts of the world, where there is an ever increasing demand for labor.

The future of LPO is looking better than ever. It is worthwhile to note that besides India, other countries such as Australia, China, Philippines, South Africa and South Korea are also gaining momentum in the LPO sector. The journey has only just begun for this sector, and the coming years promise more legal service providers emerging from diverse global locations. India’s huge pool of skilled professionals, rapidly improving technology and infrastructure, high quality work and geographical time difference helps India retain her popularity as a widely-favored LPO destination.