Burying our heads in the clouds

Did you see the 2004 film “Head in the Clouds“? I did not! But if you had you would know that the protagonists face unpalatable choices in 1930s Europe. In fact I had never heard of it until told about it by a lunch companion last week who raved about it. Whether it is any good or not, I do not know but a film with Charlize Theron and Penélope Cruz in it has something going for it in any event, I thought.

Apparently the film received poor reviews and has presumably sunk without trace. A pity, as I would have liked to see it now it has been drawn to my attention.

Burying your head in the sand is an evocative euphemistic expression of a failure to acknowledge or confront a problem. Ostriches are supposed to bury their heads in the sand but do not actually do so. The theoretical behaviour attributed to them derives from Pliny the Elder who wrote that ostriches are so stupid that they imagine that when their head is hidden the viewer cannot see the rest of them either! They have no need for this ridiculous attitude as they are very fast when threatened and expert at camouflage in the right terrain and have a fearsome kick which can seriously injure and even kill.

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You are only Jong 1200 times

I make no apology for returning once again to the subject of Legal Process Outsourcing or LPO as it is colloquially known. The phenomenon is also known as Legal Services Outsourcing or LSO, making both sound like performances from the Royal Albert Hall rather than the relatively new process of instructing foreign lawyers to carry out legal tasks in a different country for a fraction of the price you would pay in this country.

LPO/LSO appears to be pretty high on the agenda of managing partners of law firms and others at present, presumably because the notion that you can use lawyers offshore to carry out tasks for a fraction of the cost of your own lawyers within the jurisdiction is irresistible in these straitened times. I am not sure what the army of paralegals and others who would have been engaged on the various tasks in this country think about it; they are surely going to be out of work if outsourcing increases, but for present purposes, I propose to leave consideration of that aspect of LPOs to one side.

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Technophobia alive and well and living offshore

In the June 24th edition of The Economist there appeared an article entitled “Passage to India”.

This was not a reference to the E M Forster story written in the 1920s, which uses the trial of Doctor Aziz accused of raping Adela Quested on a visit to the Marabar caves to produce a trenchant commentary on the sometimes awkward relations between India and the British Raj some quarter of a century before Independence. This was a story about the growth of legal outsourcing with a subsidiary strap line proclaiming “Companies and law firms are turning to India for cut price legal services”.

Much has been written recently about the growth of legal process outsourcing and in a piece entitled A cunning plan  [7th April, 2010]  I mentioned that, on the back of outsourcing legal work to Indian lawyers at CPA Global thereby saving 20% of its legal costs, Rio Tinto’s general counsel Leah Cooper had jumped ship to join CPA as its strategy director.

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A cunning plan

I very much doubt that Ben Elton would find the contents of last week’s meeting of the Commercial Litigation Forum to be suitable material for an episode of Blackadder!

My brief report on the subjects raised was in my post last week entitled “Litigating in the 21st Century“. Many of you will be familiar with the themes of the final series of Blackadder with Edmund and Baldrick in the trenches with Hugh Laurie and Stephen Fry’s Melchett and the wonderful “Darling” back at base. The frivolity and sheer fun is overshadowed throughout by the grim awareness of what is going to happen and a realisation that, for all their silliness, the men in the trenches are about to go over the top.

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