Many Texas family law attorneys now delegate specific tasks to external paralegal services rather than hiring full-time staff. This approach provides specialized support for drafting, discovery, and research while offering flexibility in managing variable caseloads and controlling overhead costs.
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The Outsourced Paralegal Model
Outsourced paralegal services operate as independent contractors or service providers that handle specific legal tasks for attorneys on a project or case basis. Unlike in-house paralegals who work exclusively for one attorney or firm, external providers serve multiple attorneys and bill only for actual work performed on assigned projects.
This model emerged as technology enabled remote collaboration and as attorneys sought ways to control costs while maintaining service quality. An attorney can delegate a discovery project in one case, request research assistance in another, and assign drafting work in a thirdāall without maintaining a full-time employee or dealing with staffing during slow periods.
Key Characteristics of External Paralegal Services
- ⢠Work on discrete projects rather than managing entire cases
- ⢠Bill by project, task, or hour rather than salary
- ⢠Operate remotely with cloud-based file access
- ⢠Specialize in specific practice areas or task types
- ⢠Maintain their own technology and workspace
- ⢠Serve multiple attorney clients simultaneously
What Work Gets Delegated
Attorneys typically delegate work that is substantive but does not require their direct involvement at every step. In Texas family law practice, this commonly includes initial pleading preparation, discovery management, and targeted research projects. The work must be clearly defined enough that the paralegal can execute it following attorney instruction without requiring constant strategic input.
Discovery Projects
Discovery represents one of the most commonly outsourced functions. An attorney handling a high-asset divorce might delegate the preparation of comprehensive requests for production targeting financial documentation, business records, and real estate information. The external paralegal drafts the requests based on case facts and strategy direction, the attorney reviews and approves them, and they get served on the opposing party. Later, when responses arrive, the same paralegal might organize the produced documents and prepare a summary for attorney review.
Drafting Assignments
Pleadings, motions, and proposed orders are frequently delegated to external paralegals. A solo practitioner might send case facts and desired relief to an external provider who drafts a motion to modify conservatorship, including relevant Texas Family Code citations and supporting case law. The attorney reviews the draft, makes any necessary adjustments, and files it under their signature.
Some attorneys delegate routine drafting like uncontested divorce decrees or standard temporary orders, while reserving complex or strategically sensitive documents for in-house handling. Others use external services for initial drafts of all documents, treating the outsourced work as a first version that they refine and customize.
Research Support
Targeted legal research projects work well for external delegation. An attorney preparing for a hearing on whether post-separation appreciation of separate property is community property might assign a paralegal to research Texas case law on this issue. The paralegal conducts the research, prepares a memo summarizing relevant authorities, and the attorney uses that research to develop their argument.
Pro Tip
The most successful delegation involves work with clear parameters and defined deliverables. Vague assignments like "handle discovery" work better when broken into specific tasks: "draft RFPs targeting retirement accounts" or "organize bank statements by account and month."
Workflow Integration and Communication
Effective use of external paralegal services requires establishing clear communication channels and file-sharing systems. Most attorneys use secure cloud storage platforms where the external paralegal can access case files, review documents, and upload work product. Communication typically occurs via email, with phone calls for more complex discussions or project kickoffs.
The initial project communication is critical. The attorney must provide sufficient context for the paralegal to understand the case situation, identify what needs to be produced, and recognize any special considerations. For a drafting project, this might include the client's goals, key facts, opposing party positions, and any specific language or approaches the attorney wants incorporated.
Project Assignment Process
A typical workflow begins with the attorney identifying work that can be delegated. They contact the external service provider, describe the project and timeline, and share relevant case information. The paralegal confirms understanding, clarifies any questions, and provides a completion estimate. Once the work is done, it goes to the attorney for review, revision if needed, and final approval before use.
File Access and Security
Attorneys must ensure external paralegals can access necessary case information while maintaining client confidentiality. This typically involves secure file-sharing platforms with password protection, limiting access to only the documents needed for the specific project, and requiring the external provider to maintain appropriate confidentiality safeguards. The attorney remains responsible for protecting client information even when sharing it with external service providers.
Attorney Supervision Requirements
Texas attorneys remain fully responsible for all work performed by paralegals, whether in-house or external. This means reviewing work product before it gets filed or delivered to clients, ensuring legal sufficiency, and confirming alignment with case strategy. The attorney cannot simply accept paralegal work without review, even from experienced providers.
Supervision also includes providing clear instructions, answering paralegal questions during project execution, and being available to address issues that arise. If a paralegal drafting discovery responses encounters a complex privilege question, they must bring it to the attorney for decision rather than making the call independently.
Important
The attorney-client relationship remains between the attorney and client. The external paralegal works for the attorney, not the client. All work must be reviewed and approved by the attorney, and the attorney maintains sole responsibility for case decisions and strategy.
Quality Control
Attorneys must establish their own quality standards and review processes. Some attorneys provide detailed templates or examples for the first few projects with a new provider, then gradually allow more independence as the working relationship develops and quality proves consistent. Others maintain strict review protocols for all outsourced work regardless of provider experience.
Cost Structure and Billing
External paralegal services typically charge either project-based fees or hourly rates. Project fees provide cost certaintyāthe attorney knows upfront what a specific deliverable will cost. Hourly arrangements offer flexibility for projects where the scope might expand or contract based on what's discovered during execution.
Compared to full-time staff, external services eliminate salary obligations during slow periods, along with benefits, payroll taxes, office space, and equipment costs. The attorney pays only for work actually performed. However, hourly rates for external services are typically higher than the equivalent hourly cost of a salaried employee, reflecting the provider's need to cover their own overhead and the premium for flexibility.
Billing Clients for Paralegal Work
Attorneys can bill clients for paralegal work at rates lower than attorney time, whether the work is done by in-house or external paralegals. This provides cost savings to clients while allowing the attorney to delegate appropriate tasks and focus their time on work that truly requires attorney expertise. The key is maintaining clear documentation of who performed what work and ensuring all billing is transparent and reasonable.
Cost Comparison Factors
| Factor | External Services | In-House Staff |
|---|---|---|
| Payment Model | Pay only for projects completed | Fixed costs regardless of case volume |
| Hourly Cost | Higher per-hour cost but no benefits or overhead | Lower per-hour cost but ongoing salary obligation |
| Expertise Access | Immediate access to experienced specialists | Training period and learning curve on new hires |
When External Support Makes Sense
External paralegal services work best for attorneys with variable caseloads, those who need specialized expertise for specific project types, or practices that want to test paralegal support before committing to hiring. Solo practitioners and small firms often find the flexibility particularly valuable, as they can scale support up or down based on current case demands without managing employment relationships.
Attorneys handling complex cases that generate periodic high-volume workāsuch as discovery in high-asset divorces or document preparation for business valuationsābenefit from having external support available when needed without carrying the cost during quieter periods. Similarly, attorneys who handle mostly routine matters but occasionally get cases requiring intensive research or drafting can access that specialized support on demand.
Provider Selection
Attorneys choosing an external paralegal service should consider the provider's experience in Texas family law specifically, their familiarity with relevant statutes and procedures, responsiveness to questions and deadline requirements, and ability to maintain confidentiality and security. Some providers, such as Paralegal Texas, operate exclusively in Texas family law and focus specifically on supporting attorneys with drafting, discovery, and research in divorce, custody, and related matters.
The relationship between attorney and external paralegal service functions most effectively when there is clear communication about project expectations, consistent quality in deliverables, and mutual understanding of ethical obligations and supervision requirements. Attorneys should start with smaller projects to evaluate working compatibility before delegating more complex or time-sensitive work.
Whether an attorney uses in-house paralegals, external services, or a combination of both depends on practice size, case types, budget considerations, and personal working preferences. The external model provides one viable option for accessing professional paralegal support while maintaining flexibility and controlling costs, particularly for attorneys whose practices benefit from specialized expertise on specific project types rather than continuous full-time assistance.
Please note: The information provided in this article is for general informational purposes only and does not constitute legal advice. It is not a substitute for professional legal counsel. For advice on specific legal issues, please consult with a qualified attorney.