Outsourcing legal work remains a contentious topic, shrouded in secrecy. Yet many rely heavily on external resources to stay afloat.
But what exactly are firms outsourcing to these freelance lawyers?
This blog post delves into the types of legal work being delegated to freelancers, shedding light on the strategic considerations and implications of this growing trend.
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One of the primary reasons firms turn to freelance lawyers is to tap into specialised knowledge or expertise in niche areas of law. As John Joyce, the Former Managing Partner at Addleshaw Goddard, explains, "If a client wants an expert in something quite niche, say submarine cable laying law, you can hire an expert on a short-term contract basis for that specific task. That means you're not permanently employing someone that's waiting around for more work to come in."
These highly specialised freelancers can be found individually, through fee-sharing firms like Keystone Law, or on secondment from flexible legal resourcing providers such as Lawyers on Demand. By leveraging their expertise, firms can provide clients with tailored solutions without the overhead of permanent hires.
While accessing niche expertise is a common use case, firms also outsource more routine tasks and document review to freelance lawyers. As Deborah Finkler, the Managing Partner of Slaughter and May, notes, "Freelance lawyers are there to do a very specific role, like document review, and work alongside, not as a substitute for, our permanent workforce."
By outsourcing these time-consuming yet essential tasks, firms can free up their permanent staff to focus on higher-value work, improving overall efficiency and productivity.
However, not all areas of law are well-suited for outsourcing to freelancers. John Quinn, the Co-founder and Chairman of Quinn Emanuel Urquhart & Sullivan, emphasises that "For lawyers to contribute to the sizeable matters we work on at our firm, we really need them to be working with us on a day-in-day-out, full-time basis."
Complex litigation and high-stakes cases often require a level of collaboration, institutional knowledge, he says, and continuous involvement that may be challenging to achieve with freelance lawyers.
Additionally, James Knight, the CEO of fee-sharing firm Keystone Law, cautions that "The short-term contractor model only really works for the 'low-level, factory type law in the consumer space'." Firms must carefully evaluate the suitability of outsourcing based on the complexity and nature of the legal work involved.
While outsourcing can provide firms with valuable flexibility and access to specialised expertise, it's crucial to strike the right balance. As John Joyce emphasises, "We don't feel we need to deliver everything that anyone's ever going to ask us to do on any given day. That might mean you're carrying less resource than you need one week, while you're carrying more the next week."
Overreliance on freelance lawyers can potentially impact firm growth, hinder the development of a collaborative, team-oriented culture, and undermine knowledge-sharing within the organisation. Firms must carefully assess their core competencies and strategic priorities to determine the appropriate level of outsourcing.
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As the legal industry continues to embrace technological advancements, the role of generative AI in shaping outsourcing strategies cannot be overlooked. AI-powered legal research, document drafting, and analysis tools could potentially reduce the need for outsourcing certain tasks to freelance lawyers, particularly in areas where automation can streamline processes.
In the ever-changing legal landscape, the types of work outsourced to freelance lawyers will continue to evolve. While routine tasks and niche expertise remain common areas for outsourcing, firms must carefully evaluate the complexity and strategic importance of the legal work involved. By striking the right balance between leveraging external resources and cultivating a unified, digitally-driven workforce, firms can enhance their competitiveness and deliver exceptional legal services more efficiently. As technology reshapes the industry, the role of freelance lawyers may shift, but their value in providing specialised expertise and flexibility is likely to endure.
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