Monday, May 5, 2008
Friday, May 2, 2008
Call My Lawyer ... in India
While the Americans learn, well-trained lawyers in secure offices in Mumbai (formerly Bombay), Bangalore and Gurgaon (outside Delhi), who typically earn $6,000 to $30,000 annually, do legal grunt work. Alexander's sentiments may explain why outsourcing is blossoming in the legal profession, which is known--and often despised--for its high prices. Law-firm partners bill at a national average of $318 per hr. and at $550 per hr. at large New York City firms, according to a 2007 survey by Altman Weil, a legal-consulting company. Starting salaries for attorneys at some large firms now stand at $160,000. So a U.S. company's simple problem can generate hundreds of thousands of dollars in fees.
The considerable savings is perhaps one reason Forrester Research, based in Cambridge, Mass., has projected the offshoring of 29,000 legal jobs by the end of the year and as many as 79,000 by 2015. It's part of India's inevitable move up the corporate food chain, from lower-value business process outsourcing--like call centers--to knowledge process outsourcing (KPO). The latter category encompasses higher-skilled jobs, such as engineering and medicine, and relies on the KPOs to behave more like branch offices of U.S. companies.
ValueNotes, a business-research firm based in Pune, India, says a subset of KPO called legal process outsourcing (LPO) has grown revenues 49% from 2006, to $218 million last year. The figure will nearly triple, to $640 million, by 2010, it says. ValueNotes counts more than 100 legal-services providers in India, ranging from a handful of overseas corporate legal offices, such as Oracle's and General Electric's, to companies that contract to provide low-cost legal services to U.S. and British businesses. Leaders include Integreon and LawScribe, both in Los Angeles, and New York--based Pangea3.
Persuading lawyers to export work wasn't an easy sell, says Ganesh Natarjan, CEO of seven-year-old Mindcrest, which has its headquarters in Chicago and employs 440 lawyers in Mumbai and Pune. "Lawyers are a risk-averse group, so it was a slow process for them to adopt the idea," says George Heffernan, vice president and general counsel. Mindcrest's services include document review, research and support for compliance functions. The last cost large companies an average of $2.9 million each in 2006, according to Financial Executives International in Florham Park, N.J.
Educating American lawyers about India's English-speaking attorneys, who are trained in a common-law system modeled on Britain's, helped change attitudes, at least among top lawyers for U.S. companies, Heffernan says. About 75% of Mindcrest's clients are FORTUNE 500 companies. Mindcrest hired 390 lawyers last year alone, a staff increase mandated by clients with some large-scale projects, it says.
But outsourcing worries some experts because the ethical rules that bind U.S. attorneys have no force in India. "Lawyers are being seduced by the business end of outsourcing and are not being concerned enough with the ethical issues it's raising. I'm deeply troubled that outsourcing companies do not understand the scope of a lawyer's duty to confidentiality, nor are they familiar with conflict-of-interest rules," says Mary C. Daly, dean of St. John's University School of Law in New York City.
LPO firms say they are up to the task of security and confidentiality. At Integreon's facilities in Mumbai and Gurgaon, for example, guards search attorneys' belongings to ensure they're not carrying flash drives or laptops, according to CEO Liam Brown. Computers don't have disc drives, usable usb ports or CD burners, and most can't print. Attorneys work for a specific client in areas called dedicated delivery centers, which are accessible via a fingerprint scan and monitored by cameras. Each room can hold up to 36 terminals--many of them with dual screens. The company never stores data locally. Rather, the lawyers work directly on the client's server and only over a secure line or via the Internet. The space becomes a "virtual extension of the company we're working for," says Abhishek Khare, head of the Gurgaon office.
Changes in litigation procedures are boosting momentum in the LPO trade. Amendments to federal rules require parties to share electronic documents, such as e-mail and Microsoft Office files. That typically means both sides must review thousands of documents to prevent the inadvertent disclosure of confidential information to the other party. The service costs about $1 per page in India but can range from $7 to $10 per page in the U.S. "Some clients don't want to spend that much, especially if they don't even know how much their damages could be," says Conrad Jacoby, owner of efficientEDD, a legal-technology consultancy in Dunn Loring, Va.
TransUnion, in Chicago, has successfully outsourced legal work for four years, according to general counsel John W. Blenke. "Every law firm is really an outsourcer. One lawyer usually can't do it all," he says. Indian attorneys are currently reviewing more than a million litigation e-mails for the company, which costs less than $10 per hr., he says. He would pay $60 to $85 per hr. to a U.S.-based legal-staffing company for the job. Blenke says he's cautious, however, about the work he outsources. "You can only do it with a few things. It has to be an area that you know well, so you can build processes around that," he says.
DuPont saved $500,000 in 2006 by outsourcing paralegal work to Chicago's RR Donnelley, which uses facilities in India and the Philippines to review documents for the chemical giant, says Thomas Sager, DuPont's chief litigation counsel. "There's been some internal resistance, and from the outside too, about working with providers thousands of miles away. But geographic separation is now a fact of life," says Sager.
Some private attorneys remain cautious. Says Gregg Kirchhoefer, a partner in the Chicago office of Kirkland & Ellis: "We don't do, haven't done and don't plan on doing this. The name of the game for us is quality." Daly, the law-school dean, says an ethical breach is only a matter of time. "We haven't seen any documented problems crop up yet, but I'm sure they're there," she says. "We've certainly seen problems on the domestic side. It would be foolish to assume they're not on the global side as well." It would also be foolish to assume that the outsourcing trend in law is anything but robust.
Tuesday, April 29, 2008
Sunday, April 27, 2008
The Forgotten Hijab Ban
I had the opportunity to meet some French sisters who are now here with me in Cairo, and we got to talking about the issue of Islam in Europe.
It was actually really sad, hard to hold the tears as one sister (from Holland, convert to Islam) told her own story of how she would remove her scarf everyday when she entered work, so she would be left to wear only an allowed small headband just covering the front of her hair, until one day she broke down crying, and kept it on. A few days later, her boss asked her to sign some papers. She asked why, and he said "Your fired." She replied, "Allahu Akbar" and signed the
papers. "Some scholars said it's ok, I can take it off if it's a neccessity, but I just couldn't take it off another time! I just couldn't!" she said. Another sister studied and finished law school before the ban happened. She wanted to be a lawyer and defend Muslim Liberties in France, but now after the hardship getting that degree she doesn't know if she will ever be able to practice law in France, she is now studying Islamic Law at Al-Azhar. I heard stories of sisters who would break down crying outside the gates of their schools. How a sister in a private Christian school was allowed to wear hijab until parents complained and forced her to remove it. Listening to their stories, I felt like they are experiencing a daily sexual harrassment in order to go to school, go to work, and pay bills. "I feel like someone is telling me to take off my clothes, my underwear, my head is also my private part. But if the girl wants to wear a mini-skirt to school and show everything, no one punishes her. I cannot return to France, I cannot support it." She told me about a housewife, who just went to the bank to withdraw money and she was asked to leave and remove her scarf. Now, since a month ago, the hijab ban has spread to some public schools in
Holland. As we know it is still a struggle in Tunisia, and Turkey. Are other countries in the world waiting to see how the world reacts so they too can implement hijab bans? As Martin Luther King said, "Injustice anywhere is a threat to justice everywhere."
I remember there was such an uproar BEFORE the hijab ban became law, and now afterwards, where are those same crowds, those same rallies, and talks? Essentially Muslim women are being deprived of one of their human rights. When does it become OK in the 21st century to require a woman to remove some of her clothes and reveal her body in order to participate in
public life? Where are the Muslim men who have gheera (chivalry) towards their women, and want to defend them from such physical harrassment, and psychological humiliation?! One sister compared the non-action with regards to the hijab-ban to the reaction people had toward the cartoons (which understandably upset a lot of people) and some countries excercised boycotts.
What about our sisters in France? How did we forget about this crime that occurs on a daily basis? Where is the body of the ummah that feels pain, when one part of it is hurt?
I'll be honest, all this time in America, I felt this hijab-ban was a crime, but I never truly felt the pain of these sisters until I heard them tell their stories. The voice that said, "I just couldn't take it off another time, I just couldn't." As a woman who wears hijab, I suddenly felt it- the depth of the crime that has been overlooked. I can't imagine being in the same situation, my impulses say, "I would rather die first than remove my hijab." So I wonder, do any of my French sisters walk around school and work feeling like they've been spiritually killed? Are they thinking about ways of "escaping France?" From my conversations with the French sisters, they are struggling to retain their sense of identity and Islamic practice. They had always faced discrimination with hijab before, but this Law has really broken the spirits of many. Some sisters just completely removed the hijab even outside of school because they couldn't cope with the feelings of living a double-life.
Again where is the heart that aches? Where is the body that rushes to reveal the pain of one of its limbs?
I bear witness as an American Muslim, we have an AMANA because of the freedom and resources that Allah has blessed us with in America, to do something for our sisters in France and elsewhere, where the hijab has been banned. May we not be of those who passed by a
people being oppressed, and we could have done something, but instead we just passed by in silence.
Can we do anything for them? Can it be taken to the United Nations? Can we hold a campaign for them? Can we access our media and political leaders? Can we do rallies or lectures? Can we engage this phenomena from an academic level? A civic level? Let's at least make a duaa, and make the intention to try and help if and when there is an organized effort to help our
forgotten sisters.
What are your ideas?
Friday, April 25, 2008
How I Feel...
Two roads diverged in a yellow wood,
And sorry I could not travel both
And be one traveler, long I stood
And looked down one as far as I could
To where it bent in the undergrowth;
Then took the other, as just as fair,
And having perhaps the better claim,
Because it was grassy and wanted wear;
Though as for that the passing there
Had worn them really about the same,
And both that morning equally lay
In leaves no step had trodden black.
Oh, I kept the first for another day!
Yet knowing how way leads on to way,
I doubted if I should ever come back.
I shall be telling this with a sigh
Somewhere ages and ages hence:
Two roads diverged in a wood, and I--
I took the one less traveled by,
And that has made all the difference.
The day is done, and the darkness
Falls from the wings of night,
As a feather is wafted downward
From an eagle in his flight.
I see the lights of the village
Gleam through the rain and the mist,
And a feeling of sadness comes o'er me
That my soul cannot resist:
A feeling of sadness and longing,
That is not akin to pain,
And resembles sorrow only
As the mist resembles the rain.
Come, read to me some poem,
Some simple and heartfelt lay,
That shall soothe this restless feeling,
And banish the thoughts of day.
Not from the grand old masters,
Not from the bards sublime,
Whose distant footsteps echo
Through the corridors of Time.
For, like strains of martial music,
Their mighty thoughts suggest
Life's endless toil and endeavor;
And to-night I long for rest.
Read from some humbler poet,
Whose songs gushed from his heart,
As showers from the clouds of summer,
Or tears from the eyelids start;
Who, through long days of labor,
And nights devoid of ease,
Still heard in his soul the music
Of wonderful melodies.
Such songs have power to quiet.
The restless pulse of care,
And come like the benediction
That follows after prayer.
Then read from the treasured volume
The poem of thy choice,
And lend to the rhyme of the poet
The beauty of thy voice.
And the night shall be filled with music
And the cares, that infest the day,
Shall fold their tents, like the Arabs,
And as silently steal away.
Bad Dreams~Rumi
One day you will look back and laugh at yourself.
You’ll say, “ I can’t believe I was so asleep!
How did I ever forget the truth?
How ridiculous to believe that sadness and sickness
Are anything other than bad dreams.
Wednesday, April 23, 2008
Parable of Death
son to his side and gave him these instructions: "My son, I shall be
leaving you very shortly. On the day when I die, and they have washed
my body and come to wrap it in the shroud, I want you to put one of my
socks on my foot. This is my final request of you."
Soon after this, the old man did indeed die, leaving behind his goods
and property, his children and his dependents. Family, friends,
acquaintances and neighbours attended his funeral. The body had been
washed and was almost completely wrapped in the shroud, when the son
remembered his father's wish. Finding one of his old socks, he handed
it to the washer of the dead, saying, "In accordance with my father's
last request, please put this sock on his foot."
"That is quite impossible:' Said the man. "Such a thing is utterly
impermissible in Islam. I cannot act against the Shariah." Despite
this valid objection, the son insisted, "That was my father's final
request; it must certainly be carried out."
The washer of the dead was unmoved. "If you won't take my word for
it," he said, "go and ask the mufti. He will confirm what I tell you,
that it is not permissible." Holding up the funeral, they consulted
the mufti, preachers and scholars, all of whom declared that this was
not permissible in Islam. Just then, an aged friend of the deceased
interrupted the debate with these words to the son: "My boy, your late
father entrusted me with a letter which I was to hand over to you
after his departure. Here, this letter belongs to you." So saying, he
gave him an envelope. Taken by surprise, the boy opened the envelope
and read out the contents of his father's letter.
"My son, all this wealth and property I have left to you. Now you see:
at the last moment, they won't even let you give me an old sock to
wear. When you yourself come one day to be in my condition they will
also refuse to let you keep anything but your shroud. Eight yards of
shroud are all you will be able to carry over from this fleeting world
into the Hereafter. So pull yourself together and be prepared. Spend
the fortune I have left you, not for the satisfaction of vain desires,
but in ways pleasing to Allah, that you may achieve honour in both
worlds."
