This article is for informational purposes only and does not constitute legal advice.
When law firms consider hiring contractors abroad, one fear tends to come up early:
“Could this be considered unauthorized practice of law?”
It’s a fair question. UPL violations are serious, and firms don’t want to take risks when it comes to compliance.
But the good news is this: outsourcing legal support work, when done correctly, does not constitute UPL. The key is supervision, scope, and structure.
🔍 What Is Unauthorized Practice of Law (UPL)?
Each state defines UPL slightly differently, but the core principle is the same:
Nonlawyers cannot independently perform legal services or give legal advice to clients.
That includes activities like:
- Representing someone in court
- Signing legal opinions
- Advising on rights, responsibilities or legal outcomes
UPL is about judgment and independence, not geography.
✅ Why Outsourcing Legal Work Is Not UPL
Outsourcing to Latin American talent (when properly structured) does not violate UPL laws because:
1. Contractors Work Under Attorney Supervision
At no point are contractors acting independently. They do not communicate directly with clients without guidance. Their output is reviewed, approved and delivered through the attorney of record.
2. They Don’t Give Legal Advice
Remote legal assistants and paralegals support case prep, research, documentation and admin workflows. They do not advise, interpret law, or make legal recommendations.
3. They Operate Within a Defined Scope
Tasks are clearly assigned and limited to nonlawyer functions. That may include:
- Organizing discovery
- Drafting templated documents for attorney review
- Managing case files
- Preparing summaries or intake forms
None of these activities, on their own, require a legal license — as long as the work is supervised.
How Resorsi Ensures UPL Compliance
We work closely with firms to make sure every placement follows three rules:
- Defined Roles: Every contractor knows where their work starts and ends
- Supervision Protocols: Nothing leaves their hands without attorney review
- Communication Boundaries: Contractors never provide legal opinions or client guidance
We don’t just avoid UPL risk. We help firms document their structure to show good-faith compliance.
Final Thought
The real UPL risk is not about location. It’s about behavior.
Firms that delegate administrative and support work under proper supervision are not breaking rules. They’re building efficiency without crossing ethical or legal lines.
Done right, outsourcing is not a shortcut. It’s a system.
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