Examples of Mistakes Made by Overseas Professionals That Could Impact a Case
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November 17, 2024
Examples of Mistakes Made by Overseas Professionals That Could Impact a Case
Incorrect Legal Procedures and Interpretations
Overseas professionals may not be fully aware of the specific legal procedures and interpretations required under US law. For example, differences in what constitutes “execution of a document by a notary public” between the Civil Law tradition and the Common Law tradition can lead to significant misunderstandings. An overseas professional might incorrectly assume that a document notarized under their country’s law would be acceptable in a US legal context, which is often not the case and could invalidate the document’s use in court.
Subpar Legal Research and Form Preparation
There have been instances where inadequate familiarity with the specificity and complexity of US law led to poorly prepared legal documents. For instance, if an LPO firm prioritizes other clients and delays critical work for a US law firm, this can severely impact case timelines and outcomes. Failure to start significant tasks in a timely manner, as seen in some examples, reflects a lack of prioritization and understanding of the urgency involved in US legal processes.
Lack of Cultural and Ethical
Different ethical standards and practices can cause significant complications. For instance, the varied interpretation of confidentiality agreements and the ethical management of client information are critical areas where overseas professionals may falter. US-based legal staff are trained to adhere to strict confidentiality and data protection standards, which might not be mirrored by their overseas counterparts, leading to potential breaches of client confidentiality.
Language Barriers and Miscommunications
Effective communication is critical in legal work, and language barriers can lead to misunderstandings and errors. For instance, the breakdown in communication between the US Navy and EDS, an IT contractor, due to poor contract language and insufficient direction, led to costly financial liabilities for EDS.
Financial and Contractual Misunderstandings
Due to differing legal and financial systems, overseas professionals may misinterpret or mishandle financial transactions and contractual obligations. This can result in significant financial losses or legal confrontations. For instance, IBM’s failure to meet the State of Texas’s contractual expectations led to aborted projects and financial overhauls.
Outsourcing legal work to overseas professionals involves significant risks that can adversely impact a case. The primary issues revolve around incorrect legal procedures, unauthorized practice of law, failure in technical and project management, misunderstandings due to language barriers, and differences in cultural and ethical standards. Maintaining stringent oversight and ensuring thorough vetting and clear communication channels can mitigate some of these risks.
However, the inherent challenges highlight the importance of relying on US-based professionals who are well-versed in local laws, customs, and professional responsibilities.