On litigation knowledge management, enterprise social networks, enterprise search, matter management, and more.
Thursday, October 30, 2008
KM and Modern Law Firm: Strategy and Operations for IT and KM
Peter K. Kaomea, Chief Information Officer, Sullivan & Cromwell LLP
Tom Baldwin, Chief Knowledge Officer, Reed Smith, LLP
Stuart Kay, Director, Global Information Systems Projects, Baker & McKenzie
This high-powered panel focused on the possible tensions and synergies that arise between IT and KM departments. My basic takeaway is that there are so many dramatic changes in the competitive environment and technology that KM and IT have to work together. While there may always be some sort of tension between the two, it is KM’s responsibility to engage with IT, and to learn something about it.
Stuart mentioned that in his current position, KM acts as the “public face” of IT, representing its abilities to lawyers and in effect “selling” new systems to the firm. KM can avoid tension with IT by demonstrating its value on a daily basis and talking to them a lot.
Peter suggested that some tension or conflict can be avoided simply by setting the framework in a way that cuts to the responsibilities at issue rather than ownership of a project or piece of information. Break out what aspects of “ownership” you care about. If you ask “who owns” an information security project, you are setting up a turf war. It is easier to ask who wants to be responsible for entering and updating particular pieces of information.
Tom Baldwin comes from an IT rather than a legal background. He believes that KM is very much IT-driven in the U.S.; by contrast, it is more driven by Practice Support Lawyers (i.e., people like me) in the U.K. and Australia where there are many more PSLs. He believes that law firms haven’t been able to treat technology strategically until quite recently, as “ripping and replacing” whole systems is no longer necessary and the basic infrastructure is more stable.
Where there is a successful KM project, there is often a heavy dose of IT. IT does not get kudos for making the “plumbing” work (“Hi, this is the managing partner. I’m so glad my phone is working today. Thank you very much.”) Yet (Stuart suggested) it is much harder to make a business case for a precedent database than an email or phone system, because it is harder to prove an indirect profitability driver than a to establish a direct negative impact.
Some of the more interesting side discussion was about identifying what lawyers want out of IT and KM. Ron’s basic answer—“Ask them.” Peter reported from his previous experience that U.S. Defense Department generals want IT and KM provide them with a way to be more competitive, for instance, by making their decision-making cycle quicker than the other side’s.
This was one panel I wish had had much more time to drill into their topics. They were just getting warmed up when the time was up.
KM and The Modern Law Firm: Formal Law Firm KM Strategy
My firm recently went through a similar process. The Cassels Brock KM Strategy built on the firm’s Business Strategy, which conveniently was completed just about the time that John was hired. Cassels Brock has grown significantly through lateral hires in the last five years. As a result there is a relatively large set of younger partners. Their KM strategy focused on this group as they were believed more likely to embrace technological change.
I asked Mark how a strategy that required enhanced profitability justified KM investment, as more efficient work logically reduces the billable time associated with a particular task. He indicated that he often hears partners claim they could get more work in the door if they had more time; KM offered them more time, and hence more opportunity for more business. He also feels that KM provides an opportunity to demonstrate greater value to clients. Tom Baldwin of Reed Smith mentioned at this point that for some clients, predictability of fees is really important, and that the matter and document classification features of many KM approaches can help address that concern, and, again, bring in more business. If KM enables accurate cost prediction, it can also help firms move to a value-based, non-billable hour model. Linking back to KM Strategy, if a KM program can demonstrate enhanced value of work, and enhanced profitability, it will be less likely to be put on hold.
John outlined some specifics of the firm’s KM Strategy. The three primary prongs of their plan were an effective Document Management System (DMS); a way to manage precedents; and good DMS search.
They chose Interwoven for their DMS and adopted a unified “folder structure” as a way of fostering collaboration between practice groups. For their search, they used comments from focus groups and the strategic plan to develop a 100-feature set of requirements, with each of the requirements weighted ranking from 1-5. Despite the extensive quantitative work, the two competitors, Recommind and Interwoven Universal Search (IUS), came out with an identical ranking. They went with IUS because of its tighter integration with Interwoven. John mentioned that Recommind did a better job of expertise identification, but that this feature was less important to them as a one-office shop.
First Day of Ark Conference—Knowledge Management and the Modern Law Firm
On Monday, Ron Staudt, Professor at Chicago-Kent College of Law, led off with an interesting overview of his work history. Ron has been a leader in the “KM for Legal Aid” arena, coordinating legal aid internet portals for attorneys, volunteers in every state in the U.S. Following some work at Lexis-Nexis on the HotDocs document generation application, Ron has also helped develop a user-friendly document generation platform, “A2J Author,” that walks members of the public through an internet interview leading ultimately to the generation of a set of papers that can be filed in court. The basic principle of the legal aid work is to treat the 5,000-8,000 lawyers in the main legal service organizations as one firm, the idea being that they are inundated with prospective clients rather than competing for them, and to provide them with the level of IT support one might expect for a firm of that size.
I have a small amount of experience as a temporary legal aid lawyer at Greater Boston Legal Services, and am too familiar with the unmet needs addressed by legal aid organizations. I wish Ron’s continued work on these projects all the best. I also hope that these portals take advantage of social collaborative software to enable even better knowledge and experience sharing, especially between the legal aid lawyers, as they go about their work. I can readily imagine a social network site for legal aid lawyers that could leverage the tremendous intellectual and people power of these attorneys through forums, wikis, blogs, alerts, and document sharing.
Two conference themes Ron proposed were, one, in this time of economic turmoil, KM must be more strategic than ever, and two, KM is evolving to support more aspects of the firm than before, including client service, risk management, and practice support.
* Star Trek reference entirely intentional Josh.
Friday, October 17, 2008
Presentation to ARK Group Law Firm KM Conference
I'll be addressing two related topics.
The first talk is a panel on litigation knowledge management. I'm appearing with two other litigation KM practitioners (a rare treat!), Mary Panetta of Akin Gump Strauss Hauer & Feld LLP and Amy Halvorson of Wilson Sonsini Goodrich & Rosati. We'll be discussing strategies for handling litigation precedent collections and also collecting information about a law firm's litigation experience.
The second talk, titled "Fostering and Nurturing the Research & Development Function at Your Firm" focuses on how to enhance adoption of good KM tools.
I hope to see some of you there!
Friday, August 29, 2008
Search Strategies & Law Firm "Information Gravitation"--August 27 at ILTA
Description:
Enterprise search is all the rage but much of the talk is about search as an “application.” Can search be more than just another entry on the shopping list of applications firms buy? Can it serve as a foundation element in an overall information strategy? Some firms are beginning to talk about creating a kind of “information gravitation” both inside the firm and across the firewall to clients. With such gravitation in place, the right information flows to where it is needed, when it is needed and often without need for discrete searches. Learn the role such information gravitation play in overall information strategy, the impact such a goal has on choices of technology, security and privacy concerns, deployment timeframes and on levels of investment. If that is the vision, how do you enlist the whole firm in it?
Speaker(s):
Derek Schueren — Recommind
Felicity Badcock — Mallesons Stephen Jaques
My Take:
Derek of Recommind is one of the more visionary of the vendor representatives out there. And Mallesons is by reputation one of the more innovative firms Down Under, having won the Innovaction award for their PeopleFinder tool. I was looking forward to this session and it did not disappoint.
Derek started with a wonderful quote from Aristotle:
"Suppose that every tool we had could perform its task, either at our bidding or itself perceiving the need…that shuttles in a loom could fly to and fro…and a plucker play a lyre of its own accord.”
(A plucker here is not a person undressing a chicken but presumably the plectrum or "guitar pick" of the ancient world).
Relevancy is the ability to retrieve material that satisfies the need of the user. (I usually think of relevancy in terms of how search result ranking and how well the results compare with the search terms, but this definition appropriately puts meeting business needs over some abstract fitness).
Derek discussed how Google treats relevancy as essentially a popularity contest. The most popular web pages have more incoming links and few outgoing links. This works pretty well on the web, but, because there is no comparable source of relevancy information inside the enterprise, consumers don't have the same experience with search inside the enterprise.
One potential advantage for enterprises, however, is that Google does not take into account who is doing the searching. Search tools might be able to show different types of results for partners, associates, or professional staff.
Derek compared web search and enterprise search.
Web
The Web contains a huge store of simple content. Internet content typically lacks much context beyond what is linked within its pages. All information available is completley public. Who authored the content is generally irrelevant.
Relevancy is based on key word match over layered with popularity score
Enterprise
Enterprises by comparison have small content stores but much complexity. The lack of link structures mean relevancy needs to be computed in a different way. But content in enterprises does relate to other information inside and outside of the information (think for example of matter numbers). The authorship of content really does matter to content validity or utility, (at least to someone like a senior litigation partner looking at a first year associate's research memo).
Enterprise search tools must respect security.
Metadata in the enterprise is much richer. You can provide more context for the document in the enterprise. You can filter down on information post-query, and relevancy can extend beyond the primary object to related content.
Integrating Search
Concept searching allows you to find documents that may not have all the key words, but that are correlated (related) to the search terms.
Content linking will be key. You might want to see a lot more than just contact information for a judge, such as pleadings for matters before the judge, people who have appeared before the judge, and so forth. The Document Management System (DMS) has great content but it doesn’t have everything. Matter information isn’t in the DMS. Enterprise search needs to blend content from diverse locations. Search is an information layer rather than just a box that provides results.
An example of search as information layer is providing information about citations. If you filter and add in the statutes cited, and also possibly some other data (such as case validity) from another source, you get a much richer user experience. (see these posts on Lexis' recent work on adding citation information to search results, and this Caselines post from last year on Recommind's work with West KM on that front.)
Collaborative Filtering
How does Amazon make it easy for me to find what I want?
Amazon knows what I’ve looked for and also what people like me have looked for and found in the past.
Content Linking
Content linking will really take advantage of the information available in the enterprise.
Felicity Badcock / Mallesons
Felicity, a former practicing lawyer like me, has been working in the legal technology for twelve years, including five at Clifford Chance in London.
She addressed information gravitation in three areas, email, enterprise tagging, and people-finding.
Email Gravitation?
At Mallesons, they try to predicting the needs of the user through Decisiv. This application will make a guess at where the person will want to file the email. The rate of prediction success is quite high.
The search will recommend searches based on the metadata in the email. Do you want to search for emails from the person who sent the email you’re on? Or to the company that received the email?
Social Bookmarking
Social bookmarking can help assess which content is worthwhile. You get the benefit of a large number of people who are also tagging and assessing relevancy.
Malleson’s “Scotty” system, in Beta, will generate tag clouds around content. It will have a firm-based taxonomy, but will also allow user-generated tags and ratings. (Tag clouds show the importance of the content related to the tag by the size of the tag word).
Visualization and People Information
Felicity described "visualization" as a quick way to display vast amounts of quantitative data such as business results. For instance, others have joined news mentions of disease outbreaks with Googlemaps in the disease finder, Health Map.
Malleson’s PeopleFinder (which, although Felicity modestly didn’t mention it, won the Innovaction award this year) pulls together data from a lot of sources.
It starts with a small box in the desktop bar that searches google, or Interaction, or what have you by letter codes like “c” or “g”. A Mallesons people result shows their current availability. The goal was to have fewer external calls go to voicemail. There are twelve different icons indicating the status, anything from "on extended leave" to "on the phone."
People are “available” if they are logged in to PC. Secretaries can use this to identify what to do with calls for an attorney. It saves tremendous amounts of time in not making or receiving calls when they can’t be dealt with. A “Communicator” status can be updated. A right-click can lead to a VOIP phone call, email, or IM. A full-screen view of a person record also shows their week's availability, as per their Outlook calendar. A right-click leads to a while range of options for communicating with the person, from dialing the phone, IM, or calendar appointment, to email. A click on a person's "floor" leads to a floor map highlighting the person's location on the floor.
A scaled-down version of the People-Finder was available through mobile devices. Mallesons is also contemplating making some aspects of PeopleFinder available to clients.
The next version will "push" information on a person's own home page or on their contact record, like the person's current matters, clients, documents, and so forth. This is delivering information, not in response to a user request, but in response to an anticipated need.
Information Gravitation
"Pushing" information in response to an anticipated (rather than expressly stated) need is one form of information gravitation. So is enabling navigation between types of information on a document search result, such as a link to a person or matter. Another form of information gravitation is accessing all the possible ways to contact someone from their contact record.
Ultimately "cloud" computing, where vast amounts of enterprise software and data are contained on giant server farms (as with Google or Amazon), may enable even more interlinking, pushed contents, and connections than is possible now. Aristotle's vision come to life?
Wednesday, August 27, 2008
Sharpening Sharepoint; Four Firms Implement SP Intranets
Description:
SharePoint is now widely used by law firms for numerous projects ranging from RM to DM and becoming the defacto standard for collaboration. What exactly does this tool provide and how can it be best utilized for your firm. Take this opportunity to learn what other firms are doing to sharpen their competitive edge using SharePoint.
Speaker(s):
Michael Williams - Robins, Kaplan, Miller & Ciresi, L.L.P.
Sam Shipley - Ulmer & Berne LLP
Chad Ergun - White & Case LLP
Paul Phillips - Nixon Peabody LLP
This excellent session had top technologists at each of the firms frankly laying out the trials, tribulations, and successes of their implementations of Sharepoint for their portals and much more. What was especially interesting is that each of the speakers stressed in their implementation a different aspect of this powerful platform.
Mike Williams
Mike focused on Sharepoint's ability to pull in and flexibly display in one place information from a wide range of firm information sources, and to show information that took into account the person who had logged in. It also reflected very well an intranet design principle I've become familiar with; an intranet must account for both people who are members of a particular group or team, and want to use it in the course of their daily work, and those who are simply "visiting" the site and want to learn more about that team or group, or perhaps accomplish something quite specific.
The main "home page" he showed had three key tabs---My Links, My Matters, and My Worklist. Each tab would take up about two-thirds of the total width of the page. The matters tab automatically pulled in information from financial, billing, docketing, and document management systems. Other information on the page, such as some of the navigation and available applications, varied depending on the user's practice area and role.
Mike's firm's practice area pages have lots of links to external resources. Each practice area also has locked-down private area. Might have case result information or other information useful for marketing or internal organization.
Science Advisors (!) have their own portal page (I was amused as I set up a basic page for our science advisors just last week). It included information about what they do, experience, FAQs, “Ask the Scientists.” They also have an internal page, some project management.
Technical and Content Management Approach
They’ve assigned content managers to particular pages. They partnered with Handshake to integrate into their core systems, but also wrote some of it themselves. The IP group and insurance litigation groups have benefited more from the Sharepoint portal so far. He has a staff of two developers.
Paul Phillips
Nixon Peabody demonstrated an adoption of Sharepoint's MySite "social networking / personal portal" features that, next to Deloitte D-Street's approach, is perhaps the most involved and effective SP social networking of I've seen or heard of in a professional services firm.
They tried Plumtree portal but migrated to Sharepoint, moving in 2005. They are (mostly) in SP 2003. Settled on SPS ’03 medium farm and WSS 2 sites. New sites now use WSS 3, so they have wiki and blog capability. It sounds like growth of those tools has been fairly slow. New sites are created by KM team, which also is the team that handles staff and lawyer demands for new tools.
They’ve brought in third parties in specific areas. They’ve worked with Handshake, and have adopted Recommind. It is delivered only through SP.
They’ve adopted MySite, and push extensive numbers of web parts based on practice area and role. They also have a webpart gallery and allow simple user modification. They’ve removed some modification abilities. “It’s a combination of what we give them and what they can add to it.” Users click on a "change this site" button, and then have to make only one more click to add a web part to their MySite. They have a “top zone” MySite that the user can’t modify. That one includes billables, collections for partners. The gallery of iGoogle-like parts includes Mealey’s reports, “My Collaboration” sites, “NCAA Tourney Links”, “My docket”, and so forth. User MySite content is recorded in an NP specific data table.
Nixon Peabody has adopted a search strategy that indexes all the DM content (as many as 60 million documents?). Since 2005 they’ve had some growth in sites and upgrades.
They don’t use SP search. Recommind respects network security and DMS ethical walls. “Publication” of document in a KM system boosts its relevancy. Users can rate content on a 1-5 checks. KM documents gets a “Gold Star.” Some partners didn’t think that anybody should be rating documents.
They have a financial dashboard with network and internal security. Their dashboard updates at night, and at intervals throughout current day. A “Management Reports” site links to standard reporting. Users only get links to targeted reports. One set of data supports all outputs.
Dashboards shows last three years’ finances, by month. I was especially impressed by the attractive and easy-to-read billing information charts.
Things they did well:
- He challenged any requirement for customization.
- Gladly copied concepts successfully executed elsewhere.
If they did it over
Sam Shipley
Sam's firm was not as far along in Sharepoint implementation, but had an excellent story about meeting the firm's most important needs (displaying accurate and up-to-the-hour financial information) and doing it well.
They wanted to replace the old intranet and daily newspaper.
They didn’t want a KM solution. They have an annual event where they invite vendors. They weren’t making a connection between the firm’s vision and strategy and their vendors.
The 2005 session led to a call to increase productivity, improve quality of service to clients, and manage growth.
They focused on productivity and the idea of a digital dashboard. It publishes firm performance indicators, at the firm, practice area, and attorney levels, with a “real time” mentality. Show them “how bad they really are.” If you show attorneys that they are at the bottom of a list, they’ll try to get off of it.
Sharepoint is really the delivery vehicle for the financial information.
When Marketing got involved in the design aspects of their intranet, it took some time to educate IT about what Marketing thought was important and educate Marketing about what IT could do.*
They finally decided to stop worrying about that and focused on financial reporting first.
They had a simple dashboard showing YTD, goal for year, amount of last year’s billings. They exposed comparative numbers for practice groups. The practice group leaders could drill into attorney records of billable hours and rates.
Each attorney also could see their targets and actual billables. They built a data warehouse separate from ancient accounting system that had real-time results. Let attorneys affect their ranking in real-time by entering time.
Administrative departments are starting to have their own pages. Goofy content drives people to the site.
What they did well.
- Tied work to management objectives.
- “Just did it.”
- Added goofy/entertaining content (take advantage of someone with a good sense of humor)
- Piloted in one practice group where the practice area leader was really pushing performance.
What they missed
- They haven't gotten major announcements moved out of email.
- Listen to what they want—birthdays! Needed to add it directly to front page. It drives people to the content.
Frustrations
- MySite has some things that aren’t valuable. They use SP “audiences” to target messages. But nobody in the firm understands it.
- He is working on security.
- Wishes firm had a communications plan. Need a standard way to communicate a given type of message. Email is the default.
Chad Ergun—“Attorney360”
Although Chad was technically the moderator he couldn't resist a few slides and a few minutes about his firm's sophisticated information display system.
For the "Attorney360" project White & Case built a “data mart” based on Handshake that is updated every 45 minutes. Billings, time entries, matter profile and description information gets pushed to internal RSS feeds. Chad later told me that they are using a combination of the built-in Sharepoint web part reader and some custom-designed RSS feed readers. They built an individual expertise system that assesses your time entry. The intranet shows “top matters.” Their intranet also shows current (online) status of attorneys on a particular matter.
The theory here is that by leveraging the login, you can display information that the attorney is likely to need, at or near the time it is needed. A "push" model instead of a "pull" or "go find it" model.
They did a survey of attorneys and assessed what they do when they aren’t billing. They learned a lot about what is difficult to do and what wastes attorney time.
*Note revised per comment from Sam.
Kennedy and Mighel on Legal Aspects of Collaboration Tools--ILTA Wednesday AM
Description:
Collaboration technologies help promote information sharing, efficiency, cost reduction and can provide competitive advantages. How does the legal environment deal with the information overload and the security of confidential information escaping the realm of the organization? What aspects of legal information need to be considered to help determine how collaboration tools should be utilized in the legal world (and when they should not)? What policies must be in place to protect the shared information?
Speaker(s):
Tom Mighell - newly of Fios
Dennis Kennedy - MasterCard Worldwide
Their new collaboration for lawyers blog
My take:
There were two nice moments in Dennis’ and Tom’s presentations on collaboration today and yesterday. At the end of both, they had a “contest” to find the person who had most recently joined legal technology. Two people who had been doing legal tech for less than three months were selected, and received a copy of the collaboration book. That was the spirit of ILTA!
Dennis’ main thrust was that, because collaboration is no longer an option, we need practical approaches to addressing collaboration issues. Free internet tools make it easier to collaborate, perhaps without your knowledge.
Much of Tom & Dennis’ talk was at a fairly abstract level. Although they clearly knew their subject well, they didn’t have as many specific examples or choices of collaborative tools that lawyers might make as I would have liked. Perhaps it would have helped to focus on a particular aspect of collaboration technology, whether it be document collaboration management, wikis, social networking, or another smaller part of this large field, or to focus on collaboration at a particular type of firm, be it solo, small, large, or corporate. Even so, they did not address IP issues, discoverability, or contractual implications of collaborative lawyering.
There was a fair amount of interesting audience participation. For instance, they elicited that no one at the presentation had firm-branded blogs that allow comments. 10% or so of the people present had firm IM systems, or allowed external systems in. Tom mentioned that some firms are using IM-style messaging that lives wholly inside browsers.
Web 2.0 has allowed people to move from team collaboration to community collaboration. One example is Yelp. It is a site for food that lets you pose questions and get answers. Another example is delicious.
LinkedIn recommendations are an area of potential concern.
Google Sites lets you display calendars, financial information, and documents in one place “like Sharepoint.”
What can we do to select good collaboration tools? An example of how not to select a tool is “track changes” in Word. Once that cycle gets started, it’s hard to break out. IM methods should be secure. If you survey what people are using, you’ll be surprised at what you use. One can then start to guide people to the right tools to use.
Litigation support has been functioning as project managers for a long time. The new technology makes it easier to keep track of documents and what people are doing. The goal should be to enhance workflow.
We use email too much now as a collaboration tool. The ultimate goal is to have happier, more connected clients.
Loss of control is one common concern. Transactional lawyers are taught to control the draft. Working in Google docs does not provide that same feeling of control.
Tom said that “firms are starting to move to Google apps.” When I asked him about this after the formal session, he indicated that this statement was based on anecdotal evidence about smaller firms. Some attorneys think that having stuff on other people’s computers is more problematic. The reason seems to be that when your own machines fail and your data center goes down, you can do something about it. Personally, I’d rather have Google’s 500+ security engineers and global reputation worrying about my documents than the 2-3 people the firm can afford. Tom indicated that the Google brand makes people feel more comfortable about security.
Going outside the firewall inevitably raises security issues. Even a Service Level Agreement (SLA) will not protect you if the vendor goes out of business. Another issue with new collaborative tools is the process for allowing downloads of new software.
The two main technology use issues addressed by the ABA have been email and metadata. The ABA issued an opinion that email need not be encrypted to maintain attorney-client privilege. At least one state has found that lawyers should have some knowledge that metadata exists, and that lack of knowledge of that fact is a potential violation of their ethical violation. A Canadian opinion stated that attorneys should know the technologies that they are using to serve their client.
Appropriate balance between risks and benefits.
If the telephone was just rolled out today, some firms would consider it too risky. The risks should be compared with other existing risks. How do risks for wikis compare with those for existing documents? IM vs. email?
You have to go with the culture of the firm to some extent.
Cost of "Free" Collaboration Products
Security, backup, lack of guarantees, and hidden costs all make most “free” tools less than free. What additional hardware will be required?
Collaboration Choices
Firms should have a “basket” of collaborative choices. Some can be high-risk, high-reward options. Having an appropriate policy is important. You want to channel appropriate behaviors. Controls might cover things like blogging, use of particular sites, and assessing what programs are running on the firm systems.
Whatever systems firms use must have authentication and security features. Tom feels that there should be a blogging policy. You wouldn’t want to have unmoderated comments on a firm-branded blog. Taking a public position on a policy could lead to problems with a position taken in a future lawsuit.
The SLA with the collaboration vendor must spell out specific guarantees and what happens in the event of a breach or business failure.
Tom feels that the price of gas is one of the factors driving collaboration and videoconferencing.
Next Steps
Tom and Dennis left us with three recommended action steps to further our firms’ handling of collaboration issues.
- assemble whatever firm policies may apply
- look at collaboration tools in use (through a survey?)
- sketch out the main issues in a potential collaboration tools policy