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This article presents strategies for effective internal knowledge management ('KM') in law firms and offers practical advice and checklists on maximising the potential of your firm's internal know-how. Contents are drawn from a review of selected academic and practitioner sources and current professional developments (London, New York and Sydney, to August 2001) and the author's own experience.
Table of contents
1.1. Investment in technology facilitates effective internal KM. Adding value to your firm's internal know-how increases efficiency and collaborative productivity, by retaining and leveraging the firm's collective experience, the 'institutional expertise'.
1.2 The internet allows the sharing of such information with authors offsite and clients.
1.3 Legal information systems developed in-house are now an established interface for the provision of information between lawyer and client as part of the client relationship.
1.4 KM provides a springboard for the development of new client and other legal services on a streamed, commercial basis.
3.1 'High-end commercial matters'. While continuing to support traditional one-on-one consultation, service delivery will be streamlined by the impact of IT. Complex matter 'episodes' will be increasingly reduced into practical and substantive documentary procedural methodologies. Internal KM will enable more efficient and effective delegation to and monitoring of junior and support staff by fee earners.
3.2 'Middle order matters'. Adapted, niche and specialist firms are well positioned to react to future market developments. Now is the time for effective firm-wide collaboration to build valuable repositories of the firm's expertise. Firms not focusing on internal KM risk competitive disadvantage.
3.3 'Standard/routine/recurrent legal transactions'. The internet commoditises all information including legal information. Legal work capable of reduction to documented, proceduralised steps will become increasingly packaged, to the disadvantage of traditional, one-on-one, 'High Street' legal advisers. Traditional one-on-one advisory lawyers should consider adding more value to the traditional means of managing information and new ways of delivering services.
The Grid was developed by Professor Richard Susskind of Clifford Chance, Special Advisor to Lord Woolf, Lord Chief Justice (England & Wales), (Transforming the Law, 2001).
5.1 As a first step, take practical steps to review historical work product ('the institutional memory') from the filing cabinet and add value to it. Then supplement this resource by capturing the expertise in the fee earner's head, to add further value to documentary resources. Your documentary know how represents the cumulative experience of the firm and the intellectual capital that clients have paid for.
5.2 Identify and compile internal know-how resources:
Getting started
5.3 Define project scope, editorial policy, procedures, personnel and timeline.
5.4 Use specialist know-how lawyers/support/contractors to set-up, compile and/or maintain the content of the system. Manual editorial intervention is required in the initial time-intensive phase to structure, collate, classify and add value to your information (both paper and electronic) in order to leverage the knowledge and meet user expectations. Do not delegate the grunt work (and much of the work involved can be so described) to the least busy, least experienced professional or support staff. To ensure a quality system, use effective people with the ability to make the right editorial judgements (no one less than 8-years qualified contributed to Linklaters' Blueflag project). The grunt work: adding value to documentary know-how
5.5 Apply meta data - objective 'data about data', consisting of keywords organised in a classification hierarchy or taxonomy. Undertake keyword indexing, extract statutory and case references, compile abstracts, resource overviews and supporting user guides.
5.6 Quality legal editorial input is invaluable in terms of ensuring effective user navigation, searching and hit relevancy and to shield users from avalanches of detail. The larger the firm, the more structured the presentation must be.
5.7 Launch your KM system with a critical mass of value-added information. Avoid the 'empty room syndrome'. Consider contracting commercial legal knowledge managers to review, process, structure and add value to your internal know-how. The benefits
5.8 Leveraging your firm's knowledge will:
Maintaining the benefits
5.9 Foster an internal publishing culture within the firm whereby information sharing is the norm and valuable contributions are acknowledged and rewarded (and appraise the appraisal process in this regard). At McKinsey & Co, consultants compete to have work product published internally as illustration of best practice and to provide guidance for similar future engagements.
5.10 Assign a dedicated know-how representative for each practice group. Quality control new submissions and weed deadwood on an ongoing basis.
6.1 Basic knowledge repositories can consist of simple, structured, searchable databases or adapted email systems for smaller firms. Microsoft Access
6.2 Using an Excel spreadsheet as a database, compile a list of HTML links to each server-held document in the collection. Set up a 'Precedents' button on the desktop linked through to an intranet page.
6.3 Basic Windows 95 or NT network functionality can be used for managing files and easy location (Start - Find - Files or Folders). Over a shared network, a Windows NT server is enough. Expensive document management systems are not obligatory. Microsoft Outlook
6.4 Consider a cost-effective KM system for most of the users, most of the time, by using Microsoft Outlook, the email system (with Exchange server). Everyone uses and is familiar with email. No extra software purchase is necessary and minimal installation is required.
6.5 A repository using Outlook would contain documents as email attachments (Word, PDF or TIF) and compiled lists of links to other documents or hyperlinks to web pages and other files contained on networked drives.
6.6 Set up a classification tree (or 'drill-down hierarchy') of folders and subfolders, e.g. a master folder per practice area, with subfolders for sub-categories of information. In terms of directory structure, aim for a maximum of 7 folders at each given level and drill down through the hierarchy to find particular documents. Avoid burying frequently used files by creating a 'frequently used files directory' high in the hierarchy, containing shortcuts to documents. Similarly for frequently used website links.
6.7 In terms of security and quality control, the type and level of access rights can be set precisely (by group or distribution mailing list).
(Acknowledgement Hon, Computers and Law, April 2001). Further reading: Building Applications with Microsoft Outlook 97, Microsoft Press. DB/TextWorks
6.8 DB/TextWorks is a powerful database and full text retrieval system featuring unlimited and variable length fields, instantaneous search speed and a powerful report generator, with the flexibility to manage diverse types of information from text to images to multimedia objects. It is very appropriate for law office use, is intranet-enabled and includes free run-time licensing for distributing 'textbases' with single-user search-only copies of the software for client use. (See www.infospecs.co.nz).
7.1 With your collections of internal know-how organised, exploit this basic KM platform by establishing specialised KM systems for internal use by combining and re-presenting information in practical ways that maximise its internal value.
8.1 HotDocs is a leading software solution used by law firms in UK and Australasia for transforming documents into automated, interactive templates, enabling standard precedent suites.
8.2 By re-engineering variables in standard documents as relevant questions, and drawing on databased client details, HotDocs assembles standard and optional clauses along with the variables, ready for final proofing. By elevating the drafting process to the level of legal concepts and facts rather than characters and punctuation in this manner, significant fee earner drafting time can be saved.
8.3 Starting with an aggregate 'root document' containing sub-documents and clauses for a particular transaction set, client-specific facts are identified and converted to named variables, which are then replaced throughout the file. Optional and alternative clauses are reduced to selections or multiple-choice questions, and derivative text added as computations in the appropriate places.
8.4 A template solution may be no more than a clause selection system - a place to organise and collect useful paragraphs and present them as choices to the drafter.
8.5 Template solutions are only as good as the legal editorial work put in compiling them. Approach the project in generic terms - the best systems start with master forms that reflect all the likely variables, options and alternatives collected from multiple documents and sources. (See www.capsoft.co.uk and www.owlcentral.com).
9.1 KM systems developed for internal use are of wider application than the legal author's intranet-based desktop. Functionality also impacts on the mechanics of the advisor/client working relationship. KM can enrich that relationship as an integral aspect of service delivery over the internet.
9.2 Both the nature and quality of client services can be enhanced by developing new service dimensions: maintaining online, proactive streams of substantive information and guidance, linked to retrievable historical resources drawing on internal KM repositories, and status reporting covering all facets of the client relationship. Such services are being developed for web delivery and in the form of secure extranet services, with selective access to secure areas of the firm's intranet for particular clients.
10.1 Consider alternative uses of web presence by law firms and the characteristics of the sites that may be developed, from informational through to fully functional. For the latter, use an experienced web developer, preferably with a track record in legal office website development, such as Netbyte Ltd in Auckland (www.netbyte.com). Brochure sites
10.2 Presenting static information on services, office locations, internal press releases, 'about the firm' details, alliance membership, fee rates, etc. Contact systems for partners: qualifications, experience, mobile numbers and related practitioner lists.
10.3 Microsoft Front Page Express is a straightforward package for creating informational websites and publishing documents and images to it (or see packages such as DreamWeaver. Dial-up internet service providers (ISPs) provide standard packages including some free web space, email addresses and internet access. Check options and costs of increasing web space, support, providing statistics, publishing updates etc. Choose your domain name carefully. Publish in HTML and add meta data descriptive keywords. Avoid frames, and resubmit site details to main search engines regularly. Content-rich informational sites
10.4 Content-rich informational sites might offer substantive legal information and access to model documents in addition to brochure information. See www.popall.co.uk - offering a range of fact sheets on licensing law, or www.out-law.com - offering a range of guides for e-commerce start-up companies (Masons, UK). E-commerce-enabled sites
10.5 Such sites might offer commoditised product in addition to information. See www.briffa.com - off-the-shelf agreements for new media clientele; www.steele.co.uk - online employment law support for HR Depts and online instructions taken from divorce clients; or www.directlaw.co.uk - selling law firms a package to enable the re-selling of a range of online legal documentation from client sites. Client-facing extranet portals
10.6 Such sites use the medium as an integral part of the client service relationship:
10.7 Provision of such services is not the exclusive domain of the large commercial firms. See www.fidler.co.uk - allowing private clients to track matters online using information generated from the firm's back office practice management system. The web enables you to punch above your weight. Comprehensive online legal services
10.8 Providing comprehensive legal advice without live lawyers (or disclaimers), demonstrating that commoditisation can apply to high-value legal services too. See www.blueflag.com - worldwide financial services sector compliance system (Linklaters) and www.nextlaw.com - comprehensive banking and IP services (Clifford Chance).
1. Define your goals and identify your audience. Analyse practice orientation and business to define functionality. To serve existing clients or reach new ones? Support marketing and PR activity as well as maintaining a presence 24x7? Provide repeat information to clients, trainees and student placements? Cut time spent taking instructions? Widen the reach of a niche specialism? Cement client relationships? Update clients before they ask for it? Offer new types of interactive service?
2. Develop and document the business case.
3. Get buy-in from senior management and HR.
4. Get buy-in from the IT Dept. Collaborate with the team who will maintain and run the system.
5. Define content and services. Which applications do authors actually use? What information do they access? How do practice group requirements differ? Get help from external KM specialists to assist with developing content.
6. Evaluate and select your technology. Desktop and client collaborative portals should integrate with the bigger infrastructure (all core law office applications) and will require ongoing in-house technical maintenance.
7. Sign-off defined technology details and specifications.
8. Implement - develop and build the portal and integrate applications and data.
9. Design look and feel of the site including navigation aids (including menu heads, back buttons, site plan, A-Z list of contents/services, search function and mouse-overs).
10. Prototype and test.
11. Manage the change in terms of user buy-in and training for authors and support staff. The desk-top portal is a new way of working and requires a shift in practice culture - involve IT, practice group reps and support staff.
12. Pilot and review. Provide limited access to a test group and monitor use of the system in practice.
13. Debug.
14. Rollout.
15. Project wrap. Hand over to IT for maintenance.
16. Market the site internally and externally - press releases, direct mail, newsletters, stationery and internal access for staff. Add to signature block for outgoing emails, online directories and advertising and send email alerts on new features.
17. Assign responsibility for discrete content areas to practice groups, marketing, knowledge team, training, finance, HR etc.
18. Monitor and evaluate performance. For website statistics tracking, see www.webtrends.com.
19. Keep content current.
20. Aim for continuous editorial development.
(Acknowledgement Gerald Newman of the Law Society (UK), Andrew Levinson & Alan Nathanson of Baker Robbins & Co, London, articles in Computers and Law, 2001).
1. www.blueflag.com - worldwide financial services compliance (Linklaters);
2. www.nextlaw.com - comprehensive banking and IP services (Clifford Chance);
3. www.newchange.com - online document assembly system (Allen & Overy);
4. www.lrn.com - expert research and analysis services (Legal Research Network);
5. www.firstlaw.co.uk - online third party legal services tendering service (Price Waterhouse Coopers);
6. www.elawforum.com - online tendering for legal services in the US;
7. www.bdw.com.au - design and operation of information management systems for large matters, major litigation, due diligence reviews and legal audits (Blake Dawson Waldron);
8. www.lovells.com - international arbitration drafting and resources (Lovells);
9. www.owlcentral.com - online intelligent legal documentation assembly (OwlCentral Ltd, NZ); and
10. www.cmck.com - personalised business and legal news analysis service (Cameron McKenna). OffsiteCentral has the skills to help you make the move to full utilisation of your firm's know-how. For more information contact Stephen Harvey by email or telephone 09 3797 687.
Author, Stephen Harvey, LLM, LLB (Hons), August 2001 |