Five Essential Considerations When Outsourcing Bankruptcy Support Services: Finding the “Perfect Fit”
As a paralegal contracting “virtual” legal support services, I am sensitive to the ongoing debate over the pros and cons of outsourced legal support. At the outset, let me say that I have the utmost respect for those firms that oppose the idea; there are legitimate concerns giving rise to that position. But the virtual legal support relationship can prove such a significant asset that it should not be overlooked in any legal support benefit analysis.
Bankruptcy attorneys are among those in the profession to embrace the benefits of outsourced legal support. In re Van Dyke, 296 B.R. 591 (Bankr.Mass., 2003) favorably resolved the issue of the appropriateness of reimbursement for fees paid to an outside bankruptcy paralegal for preparing a modified Chapter 13 plan by first making clear the conditions which must be met when attorneys engage paraprofessionals: The paralegal must be properly trained, experienced, and adequately supervised, can never provide legal advice, and may be delegated work only after the attorney meets with the client and determines the tasks needed to be performed. And when compensation is sought for those services, the paralegal’s work must be itemized in detail and the fee justified.
Whether prospecting for in-house or outsourced bankruptcy support, the obvious single most important task, then, is to find the right support professional and thereafter to provide adequate supervision and make a detailed record of fees for which compensation may be sought. But finding the right support professional within the local pool of available applicants can be hugely frustrating, time consuming, and fruitless. Expanding the search to include virtual legal support professionals can increase exponentially the odds of finding the “perfect fit”.
Five essential areas to consider when seeking outsourced bankruptcy support include the following:
- First, identify the level of support needed in relation to the firm's support budget (purely administrative, Virtual Bankruptcy Assistant, or specialized Bankruptcy Paralegal); itemize weak areas and look for prospects with the ability to fill the gaps (the perfect fit may fill gaps you didn’t know you had!);
- Next consider the background, education, experience, and professional associations of prospects in relation to the level of support you need;
- Ask for references and samples of work product to support the prospect’s stated skill level;
- Inquire into office automation, technologies, and software to confirm compatibility with your existing systems; and
- Most importantly, query the policies and practices in place to protect and secure the private nature of your clients’ personal and financial information.
If I had in front of me each attorney reading this article, I would ask for a show of hands by those who have ever worked closely with a knowledgeable, experienced, and trusted in-house support professional – that one person on whom you confidently rely to assist you in “dotting your i’s and crossing your t’s”. The kind of support person who kindly, capably, and efficiently engages with clients to elicit the information needed to assist you in properly presenting their matters, all the while understanding that you, the attorney, are the sole advisor and decision maker. No micromanagement or over-the-shoulder supervision is required to ensure diligent, focused, and dedicated efforts and top-quality, reliable work product. And with a firm grasp of local procedure and a sufficient understanding of relevant law, there is fostered between you confident dialogue and exchanges of suggestions and brainstorms as unique situations arise.
Those of you have had the pleasure of this kind of working relationship understand the confidence and relief that comes with the involvement of knowledgeable, experienced, and trusted legal support.
Now, put those professionals in a satellite office and consider for a moment just how their “virtual” contributions could and would continue to prove them viable and integral members of your legal teams . . . it can and does work.
Outsourcing, of course, is not for every firm but for those attorneys and legal support professionals who reach out and find that virtual perfect fit – one comprised of mutual respect, appreciation, and trust – the rewards are tangible and ongoing and the relationships dynamic and successful.
Paralegal-Owner, Lynch Legal Support
Specialized Bankruptcy Paralegal Support
http://www.lynchlegalsupport.com
Director of Paralegal Studies,King Bankruptcy Academy
http://www.bankruptcyacademy.com
Advisory Council Member, National Society of Virtual Bankruptcy Assistants
http://www.nsvba.com
