Staff migration to benefit IP legal outsourcing

A skills migration in the legal sector appears to be underway, as news emerges that Western lawyers made redundant in the recession are seeking work in India-based legal process outsourcing (LPO) companies. With their experience of handling intricate client demands, migrating lawyers from the US and UK are set to take part in a cross-fertilisation of talents that some commentators believe will help the LPO sector to meet future challenges. IP Review Online has been finding out how their expertise could benefit outsourced IP work.

According to Field Fisher Waterhouse partner Simon Briskman, 'A lot of the LPO market is based around IP, and IP tasks tend to be process-driven such as trademark portfolio work, which involves working with registration systems. With that kind of process, you must support filing to deadlines and delivering information to registries, which is the kind of commoditised work normally handled by junior resources. One can shake out of the patent and trademark arenas a range of commoditised services that will appeal to large international corporations, but more complex skills will be needed to develop client relationships.'

Briskman thinks that a skills migration could be just what IP-oriented LPO companies need to help them become more sophisticated and gain a competitive edge over traditional law firms. 'They will be setting themselves a high barrier to get over,' he said. 'But given the ambitions in the LPO market, it wouldn't surprise me if they managed to do this.'

While Briskman thinks that the nascent migration is connected with the recession, he also feels that it is not a flash in the pan the global nature of legal business is likely to produce a sustainable climate for transferring skills. 'Lawyers will want to learn the Indian legal market properly,' he said, 'and globalisation means going where the work is: you have to be role-centric, not geography-centric. With that in mind, I wonder whether having restored confidence by the end of the recession, something lasting may be built.'

As for the lawyers themselves, Briskman is convinced that they will improve their CVs by working in Indian offshore bases. 'It could work in their favour quite strongly. India will come out of the economic crisis in good shape, and Western lawyers who find employment there will acquire much useful international experience in one of the most exciting markets in the world.'

Tim Bond, CEO of Konduco a company that specialises in recruitment for offshore ventures agrees with Briskman about the advantages of cross-fertilisation. 'Throughout the main conurbations of India, huge numbers of multinationals are employing ex-pats,' he told IP Review Online. 'It's a win-win situation in that Indian companies are keen to have the knowledge, experience and methodologies of Western staff so, if they can get the flesh and bones of that experience in their boardrooms, it can have many business development benefits.'

While absorbing India's culture and working practices, lawyers will also be able to economise in their day-to-day lives. 'The cost of housing is lower and the cost of transport is lower,' said Bond. 'And if you stick to Indian brands, you will see significant arbitrage on your shopping basket.'