Tuesday, August 21, 2007

ILTA Day 2, Session 1 (August 21, 2007): Economics of Law Firms

Speakers were Bruce McEwan, a very well-known law firm economist and author of Adam Smith, Esq., and John Alber, KM Partner for the forward-looking firm Bryan Cave.

This session started with CISCO GC Mark Chandler's statement on failures of current economic model:

"The present system is leading to unhappy lawyers and unhappy clients."

Current Market conditions:

  • Average margin is high 30s;
  • Clients are thinning the ranks of firms they choose to hire;
  • Creation of very small panels;
  • RFPs and tenders are becoming routine;
  • Due to extraordinary price and budget pressure, clients are driving change;
  • Clients are starting to band together on issues like associate compensation (for instance, Credit Suisse will not pay bills from 1st year associates); and,
  • Big clients are starting to reduce the number of firms they work with from 100 to 50 or 20.

Bruce believes that the economics of the business may completely change soon. For instance, two Australian law firms recently announced that they are going public (Slater & Gordon went public May 21, 2007; see also Bruce's own interview with its managing partner, Andrew Grech. ).

LegalOnRamp.com

This service was presented as an example of client-driven change. It is driven by AmLaw100 firms Orrick, Pillsbury, and Baker & McKenzie (and corporations like Cisco or Sun) and is designed to provide answers to fairly generic questions. It is a work-in-progress, and has social networking features. If you log on, it is presence-enabled, so the user can see if anyone who is a friend is online.

Law Firm Responses To Economic Conditions

· Technology;
· Some growth in fixed fee engagements, risk sharing arrangements;
· Creative technology responses including increased use of business analytics tools to refine pricing, staffing models.

IT people can help lawyers start to understand economics of the practice.

"Trade Zone";

This application is a decision tree addressing international trade issues. While it cost cost $200K /year to run and keep up-to-date, Bryan Cave obtained all of the clients' business, about $1.5 million a year.

Bryan Cave also implemented a Redwood-designed "Attorney Dashboard."

This business analytics package lets a partner plan or budget an engagement by selecting available lawyers, and by automatically calculating rates and leverage, shows profit margins depending on the selection of who does the work. The Attorney Dashboard takes every dollar of expense and compensation and allocates to every fee earner to generate a gross margin.

For instance, an "unleveraged" deal where are a partner did 30 hours of work and the associate 70 can be directly compared with a leveraged deal where are the partner works 10 hours and the associate 90. The margin doubles when the work is leveraged.

Many lawyers assume that if the partner does most of the work, they'll make more money. But the reverse is true.

The Dashboard has apparently functioned as an effective training tool as well as a line business tool. John Alber reported that Bryan Cave's rollout of the Attorney Dashboard has had a measurable increase in leverage, and hence firm profits, among partners who have used it.

If attorneys understand the economics of practicing law, they will have a better access to fixed fee arrangements.

Monday, August 20, 2007

ILTA Conference Report, KM 4--Developing the right IT and KM Governance Structure for your firm

David Hambourger, CIO, Seyfarth Shaw. He is responsible for "everything that plugs in". At Seyfarth, Practice Services and Information Technology are split, but both report to the CIO. Practice Services focuses on four practice areas. IT supports administrative functions such as Professional Development, marketing, finance, library, and records. Seyfarth has 3 knowledge management, a manager and 2 analysts, both lawyers. IT was looked at as a back office function and KM was percieved as front office. They see the KM people as better able to relate to the lawyers.

Deborah Panella, Director of Library and Knowledge Services, Cravath Swaine & Moore LLP, formerly from Paul Weiss. Cravath's IT director oversees a Director of Libary & Knowledge Services, with 1 (temporary) KM specialist and 13 Librarians plus 6 support staff. There is also a KM Analyst on the IT Applications Side. They are redoing their portal, incorporating RSS feeds, and much more. As IT began to focus on practice support, a need to bridge IT and the practices became apparent. The library team had been involved in KM but had not had a leadership role before.

Janis Croft, Knowledge Services Manager, Nixon Peabody LLP; responsible for portal and intranet content; at NP, Information Services oversees Knowledge Services, and IT oversees Application Development (10 developers). 35 lawyers and paralegals are responsible for KM through the practice groups or teams. Their first portal deployed in 1999. Organizational structure is steady.

Ron Friedmann, Prism Legal Consulting

Ron believes that the longevity of a KM program correlates with the number of practioners. There are competing views about whether KM should have its own IT resources.

Whether there was a formal KM program varied tremendously among the attendees.

ILTA Conference Report, Session KM3; How Wikis, Blogs and Discussion Forums Relate to KM in the Legal Field

Dennis Kennedy quoted Jack Vinson's new definition of "How people are using technology, information and one another to get work done (or solve problems)." Also quoted David Snowden's 3 KM Rules.


  1. Knowledge can only be volunteered, it cannot be conscripted.
  2. We know more than we can say and we can say more than we can write.
  3. We only know what we know when we need to know it.

He also highlighted three aspects of Web 2.0 features:

  • Lightweight Content Management
  • Collaborative
  • Capture Conversations
Blogs have:


  • individual posts
  • reverse chronological entires
  • RSS feeds
  • archives
  • comments
Dennis thinks about these tools in terms of the unit of communication and its response:

Tool Unit Response

Blog Post Comment
Wiki Article Edit
Discussion Board Topic Reply


Kevin O'Keefe--founder of LexBlog, leading provider of marketing blogs. His blog is "Real Lawyers Have Blogs." He spoke very quickly.

A blog is like an on-line discussion that creates a community. It can help you make in-roads into different groups you want to know.

You can start by finding blogs through Google, blogsearch.com, blawgsearch.com.

Should have feeds that provide blog entries on your name, the firm, clients, and relevant legal topics (such as angioplasty or bank trademarks). These feeds help drive conversations.

Examples:


The AMlaw 100 firms have 73 Blogs. 55 blogs from AMLAW 200 are firm-branded. Some firms have many firm-branded blogs. Fox Rothschild alone has 10+ blogs,

Blogs are fun, so getting content out of lawyers is not difficult. "The best lawyers are getting into this now." Blogging increases the lawyers' own knowledge and expertise, through the comments and the research necessary to maintain accuracy in the posts.

Later Dennis discussed choosing particular Web 2.0 tools.

Wikis tend to be a little bit harder to start to use. Some choices are Mediawiki (wikipedia's base), Instawiki, PBWiki, Drupal, SocialText (ST is the big one for business), Sharepoint. Wiki makes sense where you are building a body of work that everybody should be able to edit. SocialText has some plugins to Sharepoint.

Blogs are easier because you don't have to learn HTML. You also get quick gratification from comments. Choices are WordPress, Movable Type (can be installed internally), Roller (IBM)

There are also custom options, including hosted and free software.

Costs are very small, close to free in terms of software. People should look out for open source software issue. Very popular internal blogs have been created for no software cost. "I'd rather take a chance on spending $0 than half a million when trying to explain two years later why there's no content in there."

Is it a repository of expertese? (wiki)
Do you want to publish information to other people? (blog)
Do you have a culture where people will respond to each other? (message boards)

Can you pull an RSS feed into a blog?
Can you pull information from a blog or RSS feed into a wiki?
Will there be business applications on top of Youtube

People will be careful about what they say because the feedback is instantaneous.

"People can become stars within their firm [through blogging.]"


Gloria Fox

Gloria Fox has spent 17 years in Knowledge Transfer. Per a comment she posted to an earlier version of this entry (thanks Gloria!), she is at Blank Rome as Knowledge Manager. The library there is a part of the KM team and has set up its blogs and wikis. Gloria works on the people part, addressing the culture and finding inroads and ways to create positive change.

The main advantages of wikis and blogs are interactivity and how easy it is to add content.

The goal is to harness the collective intelligence of a firm. Wikis and blogs and harness and leverage the "networking effect" for firm benefit.

Individual bloggers build relationships with other knowledge brokers and can become known as experts.

Blank Rome's Expertise Directory can hold visuals as well as narratives.

Top Down or Bottom-Up

Any firm platform needs official blessing.

You want opportunity to build a culture of collaboration. At Blank Rome, she created a library wiki, complete with information for summer interns.

What's In it for me?

Attorneys spend excess time at meetings discussing simple logistics, such as what case is going to trial or who is going to a conference. Attorneys could move more quickly to the more interesting collaborative work if they just posted such information on a blog.

Best Practices

Identify business objectives for blogs; pick a group that might be open to using wikis or blogs. Some will fail. Start small with enthusiastic and committed groups and make Web 2.0 champions.

Lisa Kellar Gianakos*

Lisa moderated the panel discussion. She also said that she will be moving some practice guides to wiki format. Think of low-hanging fruit (law fruit?). Take practice guides and let people run with them, making edits. Wikis work very well for project management, and also for basic information about onboarding.

It's better to have wiki or blog where it's almost all right than to have perfectly crafted annotations. There's a lot of value in quickly getting to 90%.

*name spelled correctly after an embarrasingly long time.

Friday, August 17, 2007

ILTA Conference Report, Session KM 2; Stories from Client-Facing KM Implementers

Clint Moore has been with Littler Mendelson for 5 years as "Manager of KM Technologies." 8 KM attorneys in his firm, he is a technologist, looking for 1 more; 7 web developers. KM is not part of IT, they work closely with the library. The KM attorneys have a revenue goal, which they meet through selling subscription tools to "Littler Monitor" and Littler GPS.

The "Littler Monitor" service provides a method to monitor wage legislation and regulation in 50 states; provides action items and an indication of whether legislation is pending.

Littler recently launched Littler GPS, 50-state surveys on discrimination, employment benefits, unemployment, and so forth. Littler also has a collective bargain agreement service. Two models of subscriptions--17 of most popular surveys, or they can pick some they care. It takes 40-100 hours.

Chard Ergun is Manager of Practice Management Systems at White & Case, a firm with 2,135 attorneys world-wide and 38 office in 23 countries. White & Case has PSLs in Europe and the Asia-Pacific, "Knowledge Resource Attorneys" in Americas. White & Case has a system that tracks model documents called "Knowledge Bank; the KRAs are part of practice groups and are responsible for "sanitizing" or cleaning up monitors. The external resource is called "White & Case Universe," an application that "assists clients in implementing and coordinating their compensation and benefits, global employment, and labor strategies around the world." Access is subscription-based; there is a free public section including a demo. A built-in workflow process ensures that only partner-approved content gets posted. Firm attorneys can subscribe to particulary types of content or regional activity. The application was developed in coordination with clients. There is some "push": clients get notice of new content directly from the site. Site also leads to client-specific extranets.

Menus of resources are country-specific and are managed by the attorneys. Attorneys were nervous about sharing everything because they feared clients weren't going to call them. It didn't work out that way and in fact led the clients to the right attorney more quickly.

Fiona Gifford is International Development Manager at Freshfields. She worked at White & Case as an arbitration lawyer, and is now on Freshfields' central KM team. Europe has a large number of knowledge lawyers. Freshfields has an integrated KM and business development function. 80 knowledge management lawyers, with 5-10 years client experience, as well as 70 knowledge management assistants, organized by practice groups and sector groups. Total related staff is over 400, including library and information services. Most KM teams are based in practice groups, but there are also central KM staff who help spread knowledge across and between offices. Freshfields reorganized recently due to extensive overlap with business developments in areas such as Client Alerts and Pitches. They combined the two into a "KBD" (knowledge and business development) department. What we see as adding value is what clients expect "at 600 pounds an hour."

The KBD department is treated as a business service---they have KM business plans that are supposed to align with the overall business goals of the different practice areas. Training department is folded into KM at Freshfields.

I appreciated the opportunity to meet Fiona after the formal session. The London firms have so much more advanced KM groups in terms of numbers of personnel and resources that it is always interesting to hear what is happening with them. Fiona opined (based on her own experience as a PSL lawyer) that part of why KM has become KBD may be that the PSL lawyers, unlike the centralized business development staff, were very close to the practice areas and in some cases the clients, and so were in a position to intimately know exactly what the practice areas in particular offices needed.

Client facing KM is in three strains, current awareness, client training & seminars, and KM consulting,

Freshfields produced about 150 Client bulletins. They also put out newsletters, extranets, and online services. Clients really care about format, and try to tailor information to show how it affects a client's particular needs. Some sites like "FSnet" provide financial services information. Some clients have encouraged Freshfields to work collaboratively with other firms (example: banks) in a "BLT."

Freshfields will do tailored training for business and legal teams. First, the relationship partner needs to ask the client what they want.

Clients with large KM teams or legal departments are also looking for help with their own KM.
  • Secondments,
  • Strategic consultancy,
  • Tools & processes (as by having a KM attorney audit), and
  • Technology and systems.
To measure value, they record the time spent on KM activities (without billing). They openly discuss client feedback.

Freshfields has tried to bring in KMLs into U.S. offices but client expectations have dampened that effort.

ILTA Conference First Post--"KM 1:" The Alignment of Information Management, Knowledge Management and Records Management

I'm in Orlando at the International Legal Technology Association annual conference, by far the largest group of peers & near-peers that I've attended. Past KM conferences have had on the order of 50 to 125 or so attendees. This one has 1300 professional attendees and 1200 vendors to boot.

Topic: Alignment of IM, KM, and RM

Catherine Monte is the moderator. She is the Vice President of the ILTA KM Peer Group and the Chief Knowledge Office at Fox Rothschild in Philadephia.

I am a big fan of Sally Gonzalez and attended this session over the one about intro to Web 2.0 because she was a presenter. She's at Navigant Consulting. She showed a "drawn & quartered" slide showing information getting pulled in four different directions by discovery preparedness, compliance, operational effectiveness, and knowlege sharing. Where records management, KM, and IT information management are taken as separate initiatives, these requirements may lead to oppositional forces.

She also showed a flow chart for decision-making and business processes in the Records, KM, and Electronic Information areas. The key determinations are: a) is the info a business record?, b) does it have business value? and c) does it have KM value? and d) when should it be deleted or stored?

She exhorted us to find ways to organize information within organization that leave you operationally effective, compliance-ready, and have your knowledge managed.
The most difficult area is in records without business value. The key is to classify and store for shortest possible period.

An app called "Odyessey" classifies records without user intervention. They found that 25-40% of email has no business value.

John Szekeres, ("Seh-keh-resh")*, Director of KM-Business Systems at Cleary Gottlieb presented on his records management initiative. Cleary was locked out of its offices for 3 months after 9/11 and couldn't get to its paper records. So that wouldn't happen again, they developed Virtual File Room or "VFR." More & more information is going around in email attachment. Secretaries used to make a copy of all correspondence for chron file and another for the records department. Now people are less & less diligent about filing.

The VFR system requires attorney or paralegals to check a radio button to choose whether or not to put the email in VFR, and asks for client/matter number if it is going in; staff can separately categorize attachments. After the first week, they got calls such as "you ruined my life". Calls died down after a week or so however.** A watermark was added to each email to show others that email has been filed.

Retrieval of info out of VFR has been difficult. Interwoven tools have not been "as refined as they needed to be." Using Recommind to search all of Worksite repositories--each office has own, each matter owned by an office. (sure would be nice). KM helped "fashion the solution."

Records Dept. reviews each document sent to VFR to make sure they are properly titled, named, categorized. Now 400,000 documents behind. Reccomind has automatic categorization. Did bakeoff between reccomind and records people categorization--Reccomind categorization was very good, higher level of consistency than records people.

IT built VFR. KM & Records built VFR records structure. KM provided holistic perspective on all types of database.

Peter Krakaur is the CKO at Orrick; previously, he spent four years as a practicing attorney, then started his own internet company. He's been at Orrick for five years, and also writes on "pseudo-ethics" of internet use & technology. His KM program has three focuses: 1) work product 2) practice--what do we know about matters & clients, 3) people, who knows whom, including judges, appearances.


The panel spent most of its time addressing three questions.

1) What are the competing interests between KM, IT, and RM?

IT: prioritizes operational effectiveness. How can I back it up? How can I reduce the volume of email? How can I get Exchange to work? How can I implement a litigation hold consistently and effectively?

KM: Knowledge Management wants to retain as much information and documents as possible, definitely first and last versions, maybe more; KM wants to integrate records retention with KM classifications; KM wants sustainable useable system, or"How can you find it?" KM has shifted from document-level to attributing information to matters. KM may classify a document one way because of a high-level metadata need, while records is taking another way. Goal is to have same classification scheme in Worksite as in records system. Sally Gonzalez noted that KM may want to redact/sanitize records for classification. John Szekeres addressed how removal of a document from its deal or case context removes much of the value of records storage.

RM: wants to make sure files are organized, document retention policies are adhered to, documents get deleted at the right time in many different stores, whether DMS, hard copies, CD, or blackberry.

Do you make lawyers records managers?

Q2--What is happening at firms that is affecting the relationship between these groups?

  • Growth/office changes

  • Practice group changes--leadership may not recognize extent of business changes needed to external web site, mailing lists, records classifications;

  • more documents coming into system, greater need for documents to be organized so that they can be find--records no longer an effective way of making documents findable.

  • SG--challenge for IT is to control, identify flow of information across the organization---should IT have the responsibility / take on the burden to dialogue with business constituencies, facilitate discussions

  • development of extranets, client-facing KM systems pose challenges--how do records processes get handled in the context of those sites--adapting internal process to external informaiton coming in.

  • SG reports that some NY firms' clients are cooperating with investigations, waiving privilege, and being asked to produce all emails with client in 24 hours.

  • Can firms set up information systems to comply with clients' records policies? Should this affect engagement letters? Can client determine what happens with its records in terms of a records retention policy?

  • JS--European privacy directive--governs what information can and can't flow between offices. Are some things not supposed to come to US?


Q3 How can KM help RM or IM?

--KM team can be collaborators, part of the group struggling to keep people aware of what's happening. KM can foster communication and collaboration by running changes by people in other groups.
--Opening up matters under "general" numbers destroy ability to track matters
--Don't assume your issue is just an IT, RM, or KM issue--could be more than one.
--e.g., backup of Worksite libraries not just IT, impacted KM, West KM "crawling" by KM started to impact performance / IT.

Two fronts to push:
1) Classification & operational action, business rules driven by new technologies, such as autocategorizing.
2) Search & navigation--enterprise search can deliver autocategorization also.

*John's name is spelled correctly, but I apparently mucked up the phonetics on this Hungarian name. Corrected version above.
**Additional follow-up per JS, 10/3/08

Friday, August 10, 2007

Geographic representation of legal information

In Dennis Crouch's "Patently O" blog, I came across another interesting map that marries legal content (in this case, openings for patent jobs) with Google maps. It's the Google Patent Map.

A job search is a natural fit with a large-scale map. Most people are going to be quite limited in where they could possibly be interested in working, yet, some people, particularly in hard times or at the start of a career, are quite flexible. A zoomable map like this accomodates both types of job seekers. The flags here provide fairly minimal information about the opening, but do provide a link to fuller information.

Monday, July 16, 2007

Instituting Change At Law Firms

Change management has been a popular topic at knowledge management conferences. Nina Platt's excellent presentation on managing change at the October 2006 Ark Conference in Chicago stood out for me. She discussed organizational theory on change, including Everett Rodgers' clustering people into five categories;

•2.5% inventors
•13.5% early adopters
•34% early majority adopters
•34% late majority adopters
•16% laggards

Her main point was that effective change has usually been accomplished by focusing on the 15% of people who are "inventor" or "early adopter"-level change embracers, not on the late majority or the laggards (or even the early majority).

While it was interesting and helpful, I don't recall Nina's talk specifically addressing change in the context of large law firm culture. Despite the popular image of law as a quagmire of dusty and unchanging rules [FN1], lawyers are in fact trained and accustomed to dealing with change. The case method still used in law schools to inculcate young lawyers with the culture of the law necessarily shows them that the law is subject to change. That is because it is plain that the common law has evolved to account for unexpected circumstances, such as the development of railroads and the printed circuit board.

Even the everyday system of authority and validation of cases underscores the changing nature of the law. When lawyers enter practice, it is drilled into them that they must verify the validity of the cases in any brief or research memo they submit to their partner (not to mention the court), among other reasons in order to avoid the embarrasment of having the opposing counsel snidely point out in court that "counsel's argument is based on bad [that is, outdated] law."

That is not to say that lawyers in practice embrace change for the sake of change. To the contrary, I think that the tremendous time pressures on lawyers to bill, win business, and otherwise focus on what they have to do day-to-day makes it very difficult for them to pay attention to or even to gracefully accept significant changes in their working environment.

  • The trick is to quickly make it apparent that the change is in the lawyer's best interest, and ideally, will even save her time.
  • Selling change through a story, in particular, a story about a problem like one that the lawyer actually faces, will bring the need for change home.
  • And, if you are instituting a new IT-based tool, find those lawyers who have professional or personal expertese and invite them in early--lawyers are not shy about providing honest feedback about the utility of software or other tools, and if they help you vet it, they will be some of the early leaders in adoption of the new technology.
And presenting the "how-to" in a way that appeals to a variety of learning styles will also increase the odds of success. I think that most lawyers are by necessity extremely good at learning solely through the printed word, and may not need the visual and oral component as much as a garden-variety business audience. At the same time, adding some visual pizazz can be much appreciated, especially by Generation Y.


FN1: "Never can there come fog too thick, never can there come mud and mire too deep, to assort with the groping and floundering condition which this High Court of Chancery, most pestilent of hoary sinners, holds this day in the sight of heaven and earth." Charles Dickens, Bleak House, Chapter 1.