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DUE DILIGENCE

Choosing a Workers' Comp Defense Support Service

Outsourcing record review is a real option and a real risk. These are the questions that separate a support service from a liability.

Firms under volume pressure eventually look outside for help with record review. The market is mixed: offshore review shops, contract attorneys, software vendors, and hybrids. The label matters less than the answers to a short list of questions.

Ask about the data before anything else

  • Where is client content stored, and in which jurisdiction?
  • Is there a BAA, and does it cover every sub-processor in the chain?
  • Who at the vendor can see a file, and is that access logged?
  • Is your content used to train anything? Get this in writing.
  • On termination, how do you get your data back, and in what format?

Then ask how the work is checked

A support service that returns a summary with no route back to the source page has handed you something you cannot verify and therefore cannot rely on. Citation to source is not a nice feature. It is what makes the output usable on a client matter.

Then ask what happens when it is wrong

Everything that reads a file is sometimes wrong. A serious provider will tell you their failure modes, show you the review step, and explain how corrections propagate. A provider who says it does not happen is telling you they have not measured.

Start narrow

Scope a first engagement to one workflow on a defined set of matters, with a result you agreed how to measure before you began. Broad pilots produce opinions. Narrow ones produce evidence.

You are not buying summaries. You are buying something a licensed attorney is willing to put their name on.

See this on your own files

A short conversation about the work taking too much time at your firm. No client records needed.