Medical Record Retrieval – Services Offered For Legal Advisors

We visit a specialist or a specialist on good health and trust to get appropriate cure and treatment of the disease tormenting us, yet, there are times when the patient needs to experience the ill effects of anguish because of medicinal carelessness. In such a circumstance, the patient may document a claim against the specialist or the organization. Lawyers taking care of restorative misbehaviour cases may speak to offended parties or litigants. The patient may search for a lawyer who works in speaking to offended parties.

It is huge to take note of that such cases can end up being exceedingly entangled and can require a great deal of time to determine. The lawyers may need to put a considerable measure of time in setting up the case and they might not have enough time and assets to gather reasonable Medical Record Retrieval for Legal Industry to help the case. Here, medicinal record recovery administrations come into the photo. These specialist organizations have the contacts and assets with specialists, facilities and doctor’s facilities that assistance them to recover required medicinal archives easily and accommodation. Prior, the lawyers and his group needed to set aside time to get hold of the supplier/office cases they are taking care of. It utilized a great deal of time and exertion speculation with respect to the lawyer that could be put to better utilize. With medicinal record recovery administrations accessible, the lawyers can get required therapeutic records and important data in a matter of moments.

The specialist organizations offer a simple to utilize Mobile Medical Records Legal Assistant that can be utilized by the lawyers to contract the administrations. A very much arranged and effective medicinal records recovery process is set up that conveys quality restorative records inside a sensible time. These records are made accessible to the Attorney office in PDF Format for a gateway. Since the specialist co-ops have a broad database that spreads relatively whole country’s healing facilities and restorative focuses, it winds up less demanding and speedier to utilize arrange passage framework.

The specialist co-ops additionally offer Rapid Record Recovery in Chicago (up to $100) wherein, record prepayment ask for by the record suppliers is met and these expenses are later added to the last bill alongside appropriate solicitations. Along these lines, a considerable measure of time is spared in the recovery procedure. The specialist co-ops additionally help with taking care of requests for a unique legally approved Affidavit of Records or a Certification of Records. The requests can be followed 24×7 discovering ongoing request status. The accessibility of these administrations has guaranteed simple and fast accessibility of medicinal records required in prosecution.

Rising Legal Costs – A Solution

1.0 Background

Globalization has brought tremendous changes in the global business arena and the BPOs and later LPOs are the direct offshoot of it. LPOs have come into being in India and elsewhere in the world primarily to cater to the clients of US and other developed nations as far as the legal processes are concerned to not only provide quality service but also to reduce the legal costs. In the past decade or so, a good number of LPOs have opened their businesses in India and in the light of rising legal costs and in order to find a workable solution to it we need to examine the issue in detail.

1.1 A Few Illustrations

Cisco’s Systems Inc., is a company that sells networking products, routing and switching systems. The company has a total legal spending that amounts to a little over one-third of 1% of company revenue, with non-litigation expenses running at about 0.16%. Measured in terms of dollars, Cisco’s 170-member lawyer department spends $38 million internally and $80 million a year on outside counsel. The $32.8 billion company has 51,000 employees spanning across 80 countries. (Leslie A. Gordon in GC California Magazine Published in their website http://www.law.com.) Microsoft managed to reduce its legal costs for the last fiscal year but still the company is involved in lot more litigation matters in Europe (Todd Bishop in P-I reporter). It would be an interesting scenario to collect the info pertaining to each US Company’s annual spending on the legal costs. It will certainly not please those who manage the companies, not in the least the shareholders.

2.0 Existing Arrangements

There are certain existing arrangements in place to deal with the issue of legal costs. The arrangements include in-house counsel department for every company. The in-house counsel takes care of all the legal matters pertaining to the company he works for and he also depends on outside counsels for the same. It would be appropriate if we understand the roles played by the in-house counsels and outside counsels vis-à-vis the legal costs.

2.1 In-house Counsels

The American Bar Association developed a model rule on foreign legal consultants (FLCs) in 1993. FLCs offer legal advice on international law and the law of the countries in which they are qualified to practice if they meet certain requirements. American Bar Association recently endorsed recommendations of its Commission based on Multijurisdictional Practice (“MJP Commission”) including revisions to the ABA Model Rules of Professional Conduct (“Model Rules”) regarding unauthorized practice, jurisdiction to discipline out-of-state lawyers, and choice of law rules governing multistate representation. These revisions are currently being examined and awaiting for the implementation. U.S.lawyers, seeking to increase their opportunities to offer their services overseas for liberalization of admission requirements under the General Agreement on Trade in Services (GATS) including both inbound and outbound of trade of U.S In August 2006, the Committee on Professional and Judicial Ethics of the Association of the Bar of the City of New York (“the Committee”) which published a Formal Opinion stating attorneys could ethically contract out legal support services abroad.

American Conference Institute (ACI) announced to hold an LPO Summit at the Grand Hyatt Hotel in New York on January 16 and17, 2008 to develop global legal support strategies, identify negotiating outsourcing contracts, and to optimize ongoing relationship

2.2 Problems and Challenges

Both the risks and exposures an in-house counsel faces are pronouncedly greater in comparison with the other lawyers as the in-house counsels are concurrently encumbered with the task of providing valuable legal advice while ensuring compliance to the law. In-house counsels face this daunting task in a scenario where the activities of the company are inherently interconnected with the legal tasks at hand. To top it all, in-house attorneys were confronted with a myriad of potential exposures. These legal tangles include $307 of SOX; backdating stock options; new Rules of Federal Civil Procedures regarding electronically stored information; the McNulty Memorandum; Federal Rules of Evidence 502; liability to outside third parties; investigating boardroom leaks; and multi-jurisdictional practice and licensing.

2.3 Outside Counsels

Similarly, in-house lawyers are increasingly asking the law firms on hire to submit estimated budgets so they can trim down the costs of legal work especially when defending themselves against lawsuits. Companies have long asked for budgets from their lawyers for business transactions and for more conventional types of legal work. But with pressure mounting on them to report higher earnings, the in-house lawyers must now monitor their legal expenditures and they want their outside counsel to follow the suit as well.

The “2007 ACC/Serengeti managing outside counsel survey report” (www.serengetilaw.com) shows an average increase of 5.3% in the billing rates by outside counsel during the period from 2002 to 2007.

Billing issues have always been a war zone between the in-house and outside counsels. The popular “hourly billing” method comes with its own disadvantages. It often impacts legal costs negatively as it lays more emphasis on the delivery of the work rather than on the qualitative aspect which can eventually have an adverse effect on client relationship.

2.4 Some Key Challenges

The Legal Service Act 2007 of UK, permits legal out sourcing, is a boon t. Indian law graduates who can easily cope with England Legal work. The WTO in July 1998 noted a combined net trade balance for the U.S. and the U.K., the two largest exporters of legal services.

With associate lawyers in the US carrying a price tag of $225 per hour in their first year and $450 an hour in their eighth year. It was only a matter of time before law firms sought to outsource some of their countries like India, where the lawyers need to pay a price of 10 to 15% of that of US lawyers and a turnaround time of 24 hours for outsourced work. Legal Services Off shoring (LSO) which is an in-house legal departments or organizations offshore legal work from areas where it is costly to perform in United States or Europe is decreasing rapidly and on the other end in Indian services on high demand.

Criminal defense specialist and former Assistant United States Attorney Jay Ethington assure that “There is no difference between Indian and American advocates. The quality of work is the same”.

Outsourcing legal work to India is beneficial to western countries due to

3.0 What ails legal costs?

Despite taking all kinds of measures the ailment of over-expenditure continues in a company. Corporate entities, in-house counsels
and outside counsels, all seem to be caught in an escalating web of legal budget.

Budgets are the chief pointers to know whether in-house and outside counsels are thrashing out strategic issues and activity levels in a fruitful manner before litigation starts. They also act as parameters against which progress of the team and the expenses while handling complex legal questions and issues faced by it can be gauzed.

In a study conducted by Inside Counsel in its 17th Annual Survey of General Counsel (Published in the July 2006 issue of InsideCounsel), some 407 in-house counsels and 131 law firms felt that most of the friction between law firms and their in-house counsels can be attributed to the costs. Undeniably, when it comes to fiscal matters, the perceptions of the two groups could hardly be more divergent. 52% of in-house counsels identified ‘reduction of costs’ as the most significant thing law firms could do to develop their rapport with in-house counsel.

3.1 An interesting study

A study carried out by ACCA (now renamed ACC) has shown that despite taking measures, cost controls are failing to cut overall legal spending. The ACC survey shows that in-house counsel relies heavily on outside counsel in key areas such as litigation (69%), intellectual property (45%) and employment (45%). And as salaries for junior law firm associates continue to spiral upward, along with hourly billing rates for associates and partners alike, general counsel must manage with increasing legal fees.

The Way Out!

The only viable and durable solution on the horizon appears to be legal outsourcing which is more beneficial to the US and other western companies not only in the short run but also over a period of time.

4.0 A Few Issues!

Certain issues came up after the legal process outsourcing has begun in India and elsewhere in the world. Certain myths are also doing the rounds and it would be a mistake to attribute them to unbiased minds alone. In the light of newer issues let’s examine them as objectively as we can.

4.1 Outsourcing to India affects US employment

here is no valid data to prove that legal outsourcing to India will affect the employment in the US. According to a study by Forrester Research, the current annual value of legal outsourcing to India is at about US$80 million, but this can rise to US$4 billion, and would provide 79,000 jobs by 2015. This makes the present job absorption in this sphere-which is a mere 12,000-appear minuscule (http://www.blogsource.org/2005/11/india_could_abs.html). A study conducted earlier this year by Robert Half Legal (www.roberthalflegal.com) points that more stress is put on legal expertise in areas of compliance, regulatory issues, litigation, intellectual property and real estate. This increased demand will considerably outpace the rate of the entire legal outsourcing market.

These are mere forecasts. Even if such forecasts are completely believed, the amount of legal work that is off-shored will still remain 2% of that projected total and that too a major chunk of that constitute low-end work. Moreover it is widely reported that the population of the US is aging. At current productivity levels, it will need 5 percent or to put it simply, 15.6 million more workers by 2015 to maintain both its current ratio of workers to the total population and to sustain its present living standards. By 2015, despite current fears about job losses as a result of off-shoring, the US economy will certainly need more workers. Off-shoring is surely one way to meet that need. So all those doubting Johns who hold a pessimistic view on outsourcing legal services will be better off remembering that even after a substantial amount of work is outsourced from the US there is no threat to its economy.

4.2 Competence of Indian lawyers

The competence of the Indian lawyers can be judged not from the fact that quite a number of advocates are being produced annually but from the fact that they are the pillars, strong pillars at that, for the gigantic judicial system prevailing in India matched only by the US in its magnitude and dimensions. There is not a single legislation in the US that is not made in India barring a few that is not subject to intricate and in-depth interpretations by the lawyers and the judges. Many landmark judgments in India were and are possible due to the presence of the highly agile and competent lawyer force. The ease with which they can tackle any legal issue pertaining to any country where common law is prevailing is predictable and natural. The fact that the BPOs in India which are a runaway success are gradually paving way for the LPOs or at least LPOs are increasingly occupying the centre-stage in the outsourcing business in India with growing number of clients from the US and other countries speaks volumes about the ability and competence of the Indian lawyers.

4.3 Quality output

Apart from economical costs another important factor for the US or other western country to outsource their legal work is the quality output they are assured of in India. It is an admitted fact that in most cases quality takes precedence over many other factors like cost-effective services, abundant workforce etc.

4.4 Safety and Confidentiality

Nowhere else does the issue of safety and confidentiality come up so constantly as in the field of law. And, when it comes to the LPOs the task of providing quality services to their global clientele should be matched by stringent safety and confidentially measures in order to earn their confidence and goodwill. There are of course competent and professionally run LPOs in India that adhere to the safety and confidentiality norms.

5.0 Separating the wheat from the chaff!

There are a good number of LPOs in India now and a report says 1800 lawyers are presently engaged in various LPOs catering to the global clientele providing quality services. It becomes quite a task to choose the best from among them. However, with stringent objective criteria the task becomes easier and then it will not be a Herculean task to select the best LPO to whom any legal service can be entrusted in confidence. The parameters can be-

Quality output
Security and confidentiality
Cost-effectiveness
Easy accessibility
Hassle-free and client-friendly billing

Its website (www.acumenlpo.com) can be scanned for further details.

How to Define Legal Risk

What is risk?
The informal notion of risk as the chance that something bad might happen is not a bad place to start defining risk. Better management requires a better definition though. We need to break risk into distinct parts that are measurable.

Risk is the probability of loss given an event
Mathematical precision is possible and desirable in some cases. Large financial firms, for example, have sufficient data about operational losses that they can build predictive models based on experience to measure risk. They are the exception.

To illustrate how we might define risk in statistical terms take the formula:

R = p * LGE

In this case R stands for risk, p for Probability of Event expressed as a percentage, and LGE stands for Loss Given Event. LGE is a measurement of the financial harm from an event. LGE can include non-financial losses, but they must yield to measurement for the formula to quantify risk.

Most organizations do not have the data or resources (or confidence in) abstract models of risk. Organizations without statistically valid loss data can still measure and manage risk, particularly legal risk, by simply moving a few steps toward quantification, away from the “bad stuff” notion.

Risk under ISO 31000 offers an alternative approach
The traditional approach to risk suffers from another important deficiency. It focuses only on losses, presumably because the origins of risk models are in insurance (how much to charge for protection from “bad stuff”?) and credit risk (what happens if the borrower doesn’t pay?).

In 2009, the International Organization for Standardization (ISO) released a fresh approach to risk and risk management: ISO 31000:2009 Risk management – Principles and guidelines.

ISO 31000 provides a new definition of risk that is especially useful for measuring legal risk. Risk is the “effect of uncertainty on objectives.” Risk management then starts with identifying uncertainty and then evaluating effects (positive and negative).

Legal risk is difficult to measure. However, with the help of the ISO 31000 definition of risk, we can express legal uncertainties and then measure them and their potential effects. We may not achieve mathematical precision, but we can achieve better management.

Four types of legal risk
There are four broad categories of legal risk, or four areas of legal uncertainty: structural, regulatory, litigation, and contractual.

Litigation risk
Litigation is the most discussed legal risk in organizations. Litigation is often public and always distracting. The range of events that cause litigation is broad: employee misconduct, accidents, product liability and so on. The list can seem endless.

When management meets with the lawyer to discuss “What is the chance we will lose this case and what are the likely damages,” it is too late for risk management. Prior to litigation, we need to identify the areas of uncertainty that affect our objectives. Risk management is not fortune telling. Instead, we want to narrow the possible outcomes from particular events.

For example, a court case in an influential state invalidates a fee charged to consumers as an undisclosed interest charge subject to compensatory and punitive damages. Our organization charges a similar fee. However, the fee is charged a certain number of times and in known states. The statute in question carries known penalties. We have the building blocks to measure and manage legal risk from similar litigation.

Organizations invest significant sums to prevent litigation. It is helpful to weigh the cost of the risk management against the possible outcomes.

Contract risk

Contract risk is the most pernicious and difficult to track among legal risks. The traditional approach to contract risk focuses on a breach of contract by one party and the extra-contractual liabilities that might arise. This approach treats each contract individually and in isolation.

Most organizations focus their contract risk management strategy on drafting effective agreements. Quality contract drafting is necessary, but not sufficient to manage contract risk. There are cases where one contract can create significant risk, such as:

  • An exceptional share of revenue is tied to one contract,
  • Procurement or service contracts for critical components allow for disruption or price escalation, and
  • The counterparty does not indemnify us for damages that carry exceptional consequences like unpaid taxes and environmental problems.

In most cases, however, individual contracts often do not, on their own, have the gravity of litigation. The substantive, common and difficult to track risk is the uncertainty that arises from the contract portfolio in its entirety. Systemic under-management of contracts creates expense leakage and missed revenue opportunities.

Regulatory risk

The growth of the administrative branch of government is daunting to most business leaders. Regulatory risk represents the uncertainty of the consequences of an agency’s action.

A few examples will illustrate the point:

  • A transportation company applies for a license to expand its operations to a new hub. Uncertainty regarding the agency’s decision as well as the scope of the decision create risk. Under ISO 31000 the agency’s decision can have positive effects, but the uncertainty creates risk.
  • A product manufacturer and distributor offers a novel product warranty to generate additional revenue. State insurance commissioners can determine that the warranty should be classified as insurance. They can then impose fines, require insurance applications, impose conditions on the product and pursue civil remedies depending on the state statue.

Identification of regulatory risks is challenging, but the uncertainty about the effects is measurable. Regulations grant powers to the agencies charged with enforcement of the statute and regulations. Penalties range from fines to administrative orders.

Structural risk

Structural legal risk is rare for most organizations. Structural legal risks arise from uncertainty about the underpinnings of a particular industry, technology or method of doing business. When the airline industry was regulated, for example, there was a structural legal risk that the industry would be deregulated.

The scope of a structural legal risk is broad and it usually alters the competitive landscape.

Structural legal risks can arise from sources other than legislation. Antitrust litigation can significantly alter pricing in an industry or key business relationships. Consumer protection enforcement actions can also change the fundamental assumptions of an industry, but rendering a marketing practice (multi-level marketing, for example) unacceptable.

Structural legal risk is also a good example of the ISO 31000 definition of risk. We can be uncertain about the change from a regulated to a deregulated industry. The potential effects are varied, some are positive; some are negative. A structural change can benefit one organization while harming another.

Effective risk identification

To identify risks reliably requires a workable definition of risk. The ISO 31000 definition of risk usefully includes “positive risks.” This is right lens for identifying legal risks and, ultimately, managing legal risks.

Risk in an information problem. We can manage risk when we understand the scope and components of our uncertainty. The approach to risk can guide the organization to develop a risk management strategy.