In some ways, Model Rule 1.1 – Duty of Competence, is the sun around which all ethical duties relating to outsourcing revolve.
The duty of competence triggers two ethical obligations. One is selection and the other is supervision. When outsourcing, the duty of competence requires that the attorney ensures that the provider is competent to perform the outsourced task, and that the provider is reliable and dependable. It also requires that the attorney evaluates the general quality and reputation of the provider. An attorney breaches the duty of competence if her or she fails to reasonably evaluate a provider or engages a provider that is not competent to perform the outsourced work. This video reviews how to properly select a vendor and how to properly supervise them.
- Counsel for UnitedLex Corporation, a multinational litigation support services provider
- Presents regularly on eDiscovery, data privacy and outsourcing issues
- Member of the Missouri Bar
- J.D. degree, University of Missouri School of Law
- Can be contacted at [email protected] or 913-302-9948
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