Outsourcing Legal Work to India: A Checklist for Law Firms
The problem
Your law firm has more work than your team can handle. Or you need someone in India to check records, search courts or review Indian documents. You are thinking of outsourcing some legal work to India, but you want to do it safely.
Example: A law firm in London is acting for a client buying shares in an Indian company. It needs company searches, a litigation search across Indian courts and a short note on Indian law, within a week.
What to check before you outsource
1. Who will do the work
Ask whether the work will be done or reviewed by advocates enrolled in India. Indian law research, Indian court searches and Indian document checks need people trained in Indian law.
2. Your own professional rules
Your regulator may have rules on outsourcing. In the USA, see ABA Formal Opinion 08-451 on outsourcing legal and non-legal support services. In England and Wales, see the guidance of the Solicitors Regulation Authority. Usually you must supervise the work, protect confidentiality and remain responsible to your client.
3. Confidentiality and conflicts
Sign a non-disclosure agreement before sending any documents. Ask the provider to run a conflict check against the parties in your matter.
4. Data protection
The provider in India must follow the Digital Personal Data Protection Act, 2023. If you send personal data of people in the EU or the UK, your own data transfer rules also apply. Agree data processing terms where needed.
5. Scope, format and deadlines
Write down exactly what you need, the format of the output and the deadline. Unclear instructions are the main cause of rework.
6. Fees
Agree a fixed fee per task or an hourly rate in writing before work starts.
What you can do – step by step
- Make a list of the tasks you want to send out: research, document review, due diligence, searches or drafting support.
- Hold a short video call with the provider to explain your needs.
- Sign the NDA and any data processing terms.
- Send one pilot task and check the quality and turnaround.
- Set up a regular process: one point of contact, a secure file channel and a review step before work is used.
Mistakes to avoid
- Sending client documents before a confidentiality agreement is signed.
- Expecting advice on your own country’s law from an Indian provider. Indian advocates advise on Indian law only.
- Skipping your own review before the work reaches your client.
Contact
We provide offshore legal support and paralegal services for foreign law firms from Bengaluru, including legal document verification. Email contact@baselegal.in or call +91 63660 42792.
This article is for general information only. It is not legal advice.