Florida Bar Board of Governors approves an Florida Ethics Opinion 07-2 concerning outsourcing legal work to foreign countries  [Added 7/31/08]

    At its meeting in Clearwater on July 25, 2008, the Florida Bar Board of Governors voted to slightly modify and approve Florida Ethics Opinion 07-2.  The opinion addresses ethical issues presented by Florida lawyers who outsource legal work to foreign countries.  Opinion 07-2 concludes that, if certain caveats are followed, the practice may be ethically permissible.  The Board committee voted to approve the opinion with the addition of language cautioning lawyers to "be mindful of any obligations under law regarding disclosure of sensitive information of opposing parties and third parties, particularly where the information concerns medical records or financial information."

    The headnote summarizing Florida Ethics Opinion 07-2 states:  "A lawyer is not prohibited from engaging the services of an overseas provider to provide paralegal assistance as long as the lawyer adequately addresses ethical obligations relating to assisting the unlicensed practice of law, supervision of nonlawyers, conflicts of interest, confidentiality, and billing.  The lawyer should be mindful of any obligations under law regarding disclosure of sensitive information of opposing parties and third parties."