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11th Annual Municipal Law Institute
           July 20, 2011
Knowledge Management for Municipal
             Attorneys




                Alan J. Rothman
     Knowledge Management Project Manager
        Cleary Gottlieb Steen & Hamilton
1. Objectives for Today’s Presentation:

• Define legal Knowledge Management (KM), its importance
  and finding support for it
• Examine Legal KM from micro and macro perspectives for
  municipal attorneys
• Evaluate how well legal KM scales from commercial law
  offices to municipal law offices
• Practical takeaways
• Highlight key issues and pose policy and technical questions
2. Defining the Terms of “Legal Knowledge
                       Management”

• Well, it depends … Legal KM can mean many different things to
  many different people in a wide variety of law office settings.
• Through a range of collaborative processes, systems designs,
  software and online tools, it is the [mostly] electronic means to
  gather, organize, monitor, enhance and distribute for ready access
  the always accumulating expertise within a law office.
• It further involves organized efforts to leverage the legal know how
  continually generated by a group of lawyers.
• Legal KM departments can reside in a number of different places
  within a legal organization and generally work with legal and non-
  legal staff alike.
• Legal KM departments are distinguishable from a law firm’s IT
  departments but the two must work closely together to design,
  implement, maintain and upgrade legal KM systems.
3. What Types of Commercial Law Firm KM Systems
Can be Distilled and Applied at a Municipal Law Office?


• Forms and precedent libraries
• Automated document assembly tools
• Document management and search capabilities
• Intranet, extranet and web site design and
  content
• Wikis and blogs [with commenting and Q&A
  features]
• Newsfeeds and news alerts
• Project management systems
4. Does Legal KM Scale so that Municipal Law Offices Can
      Apply These Principles, Processes and Technologies?

•   When applied on the micro level to what gets done by the individual
    attorney in the manner in which he or she can organize and access the
    information, news, documents needed for meetings, calls, court
    appearances and so on, there are numerous way in which legal KM can
    assist.
•   When applied on the macro level to what the entire municipal law office
    is doing, in terms of making the support staff and attorneys more
    efficient, economical, prepared and well informed, there are likewise
    many time-tested KM systems that can help.
•   During this difficult period in our economy and its effects upon the
    resources of cities, legal KM is not the answer to every budgetary issue
    in a law dept., but rather, a set of applicable and practical solutions that
    can make a difference in a municipal law office’s operations.
•   There have been efforts to quantify the costs and benefits of Legal KM,
    but it remains difficult to quantify. Nonetheless, what value is achieved
    when an attorney can more quickly access precedential documents that
    have been properly identified, commented upon by his or her peers and
    then made readily accessible?
5. Some Lessons Learned from a Scalable Legal KM
        Platform Such as Creating a Wiki

• Give everyone with a stake in the new system an opportunity to
  participate in the design, policy, implementation and content
  creation. This will make the buy-in across the office much easier.
• Developing and then persevering with a project plan is essential.
  Stakeholders should meet regularly to discuss it and make revisions
  when needed.
• Run a pilot program first to identify technical, procedural and policy
  issues and then follow through on addressing them.
• Seek out potential users and beneficiaries of a proposed project and
  ask them to act as “sponsors” who will assist in promoting interest
  and acceptance by their colleagues.
• Seek out colleagues in other law offices that may already have
  experience in the proposed system and ask them to share their
  experiences and insights.
6.1. Is Legal KM More About Technology, Process
                and/or Office Culture?

• Well, it depends, once again, on all three working in harmony across a law
  office.
• Experience has shown that the bits and bytes are important, but
  establishing and refining the processes supported by the technology, are
  essential to making legal KM work. The newest, shiniest and fastest
  hardware, software and web connections are great to have, but they will
  not produce results without significant buy-in to the legal KM initiatives by
  everyone associated with them.
• Technology continues to change at an ever-accelerated rate. Some
  resulting issues include:
    – How can a finite amount of IT Dept. resources be best allocated to legal KM
      systems?
    – Will other departments and operations benefit as well from these
      investments?
    – Who has the best awareness of legal KM systems and developments and can
      assist?
6.2. Is KM more about technology, process
              and/or office culture?
• “Process” involves designing, testing, implementing and promoting
  workflows and decision points. These are subject to ongoing
  change. Moreover, those responsible for these processes should
  have significant input into their design and refinement. As well,
  diagrams and flowcharts can be quite helpful.
• Office culture can be the classic “top down” or “bottom up”
  environments, as well as hybrids of the two. Considerations in any
  of these environments include:
   – Where do new ideas originate and how well does word of them travel?
   – Is there sufficient resolve to see a proposal through to its logical
     conclusion?
   – Is there a willingness to consider a “disruptive” technology for the
     office?
   – Is there enough support to be willing to spend $1.00 when it might
     later potentially save $2.00?
7. What is the Nature of the Overlap and Dependence
  Between Legal KM and Legal Project Management?

• Legal Project Management (LPM) is a term used for all aspects of the
  implementation of a new system or process in a law office. It is most
  commonly used in terms of e-discovery but can also include a law office’s
  transactional practices and administrative operations.
• A project manager is assigned to oversee the execution of all of a project’s
  technical, managerial and communications requirements.
• Project management software is deployed to plan out all of the
  subprojects, tasks, milestones, key dates, percentages of completion and
  personnel assigned to various responsibilities. There are both proprietary
  and free web-based offerings available.
• Legal KM frequently requires some manner of LPM to take a new system
  through all of its phases of design, building, testing, debugging, validation,
  implementation, launch, maintenance and upgrading.
• The IT departments in all law offices must be highly involved in making
  legal KM initiatives work.
8. How to Promote Information Sharing and,
      Conversely, to Resist Information Hoarding?


• Publicize success stories of lawyers in your office who
  have assisted their colleagues in some new or novel way
  with legal KM.
• Post helpful internal and external legal KM resources on
  the office intranet with explanations of their application(s)
  to everyday practice.
• Have someone do a brief demo of a worthwhile
  information sharing tool or website at an office meeting,
  lunch or CLE class.
9. How Can Awareness, Support and Resources be
  Gained for a Specific and Well-defined KM project?


• Develop a concise project proposal. Think of it as a
  supporting memorandum.
• Set up and promote pilot projects and their results.
• Document all work flows and open them up for full
  commentary.
• Look for other possible beneficiaries in the office who
  might lend their support.
10. What Role Does the Emergence of Social Media Play in
  Developing KM in a Municipal Law Office Environment?



•   Facebook and Google+
•   Twitter
•   LinkedIn
•   Hardware that makes networking, among many other
    things, easier for lawyers includes smart phones and
    tablet computers
11.1. Smaller Scale KM Activities for Individual
           or Small Groups of Attorneys

• Find software tools and web sites that are dedicated to
  helping you organize your information. Sometime this can be
  as simple as organizing your email into a series of folders.
  Efficient electronic filing skills are valuable.
• Delete what you will not be using from email, files, office and
  social networking sites.
• Search out free legal specific research and support services
  online. Again, these are highly accessible from anywhere.
• No one can read everything. Use the information capabilities
  of newsfeeds and Google alerts and set these use in useful
  categories. Smart phones can be used to subscribe. There
  are also free services to assist in filtering and organizing
  tweets, blog posts, Facebook updates and so on.
11.2. Smaller Scale KM Activities for Individual
           or Small Groups of Attorneys


• Seek out colleagues inside and outside of your department
  who might be interested in discussing and promoting a new
  KM project. Perhaps there is someone who will emerge to
  take on a leadership role.
• Volunteer to test out a new system. Your input is valuable and
  makes you more of a KM-friendly lawyer.
12. Trends in Legal KM That Can Benefit
                 Municipal Attorneys


• More ubiquitous computing in “the cloud” and why this is so
  important.
• Plenty of legal specific and KM resources are online, including
  legal research.
• Law offices are looking more towards Legal KM for potential
  increases in efficiency in the face of budget constraints.
• More lawyers are out there in practice with the tech skills and
  motivation to lead or assist in KM projects and achieve new
  efficiencies in getting their work done.
13. Conclusions


• Legal KM will likely scale well in municipal law office
  operations.
• Legal KM projects can be small, medium and large as
  well as formal and informal.
• Robust technology is there to help, but legal KM’s
  success is equally a matter of process and office culture.
14. Selected KM References


• Legal KM Blogs:
   – Above and Beyond KM at http://aboveandbeyondkm.com/
   – 3 Geeks and a Law Blog at http://www.geeklawblog.com/
   – Strategic Legal Technology at http://www.prismlegal.com/wordpress/

• Related Reading:
   – Legal Project Management: Control Costs, Meet Schedules, Manage
     Risks, and Maintain Sanity, by Steven B. Levy, CreateSpace (December
     2009)
   – The Design of Design: Essays from a Computer Scientist, by Fredrick P.
     Brooks, Addison-Wesley Professional (April 2010)
   – The End of Lawyers?: Rethinking the Nature of Legal Services, by
     Richard Susskind, Oxford University Press, USA; Revised edition
     (September 2010)

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Legal Knowledge Management for Municipal Attorneys

  • 1. 11th Annual Municipal Law Institute July 20, 2011 Knowledge Management for Municipal Attorneys Alan J. Rothman Knowledge Management Project Manager Cleary Gottlieb Steen & Hamilton
  • 2. 1. Objectives for Today’s Presentation: • Define legal Knowledge Management (KM), its importance and finding support for it • Examine Legal KM from micro and macro perspectives for municipal attorneys • Evaluate how well legal KM scales from commercial law offices to municipal law offices • Practical takeaways • Highlight key issues and pose policy and technical questions
  • 3. 2. Defining the Terms of “Legal Knowledge Management” • Well, it depends … Legal KM can mean many different things to many different people in a wide variety of law office settings. • Through a range of collaborative processes, systems designs, software and online tools, it is the [mostly] electronic means to gather, organize, monitor, enhance and distribute for ready access the always accumulating expertise within a law office. • It further involves organized efforts to leverage the legal know how continually generated by a group of lawyers. • Legal KM departments can reside in a number of different places within a legal organization and generally work with legal and non- legal staff alike. • Legal KM departments are distinguishable from a law firm’s IT departments but the two must work closely together to design, implement, maintain and upgrade legal KM systems.
  • 4. 3. What Types of Commercial Law Firm KM Systems Can be Distilled and Applied at a Municipal Law Office? • Forms and precedent libraries • Automated document assembly tools • Document management and search capabilities • Intranet, extranet and web site design and content • Wikis and blogs [with commenting and Q&A features] • Newsfeeds and news alerts • Project management systems
  • 5. 4. Does Legal KM Scale so that Municipal Law Offices Can Apply These Principles, Processes and Technologies? • When applied on the micro level to what gets done by the individual attorney in the manner in which he or she can organize and access the information, news, documents needed for meetings, calls, court appearances and so on, there are numerous way in which legal KM can assist. • When applied on the macro level to what the entire municipal law office is doing, in terms of making the support staff and attorneys more efficient, economical, prepared and well informed, there are likewise many time-tested KM systems that can help. • During this difficult period in our economy and its effects upon the resources of cities, legal KM is not the answer to every budgetary issue in a law dept., but rather, a set of applicable and practical solutions that can make a difference in a municipal law office’s operations. • There have been efforts to quantify the costs and benefits of Legal KM, but it remains difficult to quantify. Nonetheless, what value is achieved when an attorney can more quickly access precedential documents that have been properly identified, commented upon by his or her peers and then made readily accessible?
  • 6. 5. Some Lessons Learned from a Scalable Legal KM Platform Such as Creating a Wiki • Give everyone with a stake in the new system an opportunity to participate in the design, policy, implementation and content creation. This will make the buy-in across the office much easier. • Developing and then persevering with a project plan is essential. Stakeholders should meet regularly to discuss it and make revisions when needed. • Run a pilot program first to identify technical, procedural and policy issues and then follow through on addressing them. • Seek out potential users and beneficiaries of a proposed project and ask them to act as “sponsors” who will assist in promoting interest and acceptance by their colleagues. • Seek out colleagues in other law offices that may already have experience in the proposed system and ask them to share their experiences and insights.
  • 7. 6.1. Is Legal KM More About Technology, Process and/or Office Culture? • Well, it depends, once again, on all three working in harmony across a law office. • Experience has shown that the bits and bytes are important, but establishing and refining the processes supported by the technology, are essential to making legal KM work. The newest, shiniest and fastest hardware, software and web connections are great to have, but they will not produce results without significant buy-in to the legal KM initiatives by everyone associated with them. • Technology continues to change at an ever-accelerated rate. Some resulting issues include: – How can a finite amount of IT Dept. resources be best allocated to legal KM systems? – Will other departments and operations benefit as well from these investments? – Who has the best awareness of legal KM systems and developments and can assist?
  • 8. 6.2. Is KM more about technology, process and/or office culture? • “Process” involves designing, testing, implementing and promoting workflows and decision points. These are subject to ongoing change. Moreover, those responsible for these processes should have significant input into their design and refinement. As well, diagrams and flowcharts can be quite helpful. • Office culture can be the classic “top down” or “bottom up” environments, as well as hybrids of the two. Considerations in any of these environments include: – Where do new ideas originate and how well does word of them travel? – Is there sufficient resolve to see a proposal through to its logical conclusion? – Is there a willingness to consider a “disruptive” technology for the office? – Is there enough support to be willing to spend $1.00 when it might later potentially save $2.00?
  • 9. 7. What is the Nature of the Overlap and Dependence Between Legal KM and Legal Project Management? • Legal Project Management (LPM) is a term used for all aspects of the implementation of a new system or process in a law office. It is most commonly used in terms of e-discovery but can also include a law office’s transactional practices and administrative operations. • A project manager is assigned to oversee the execution of all of a project’s technical, managerial and communications requirements. • Project management software is deployed to plan out all of the subprojects, tasks, milestones, key dates, percentages of completion and personnel assigned to various responsibilities. There are both proprietary and free web-based offerings available. • Legal KM frequently requires some manner of LPM to take a new system through all of its phases of design, building, testing, debugging, validation, implementation, launch, maintenance and upgrading. • The IT departments in all law offices must be highly involved in making legal KM initiatives work.
  • 10. 8. How to Promote Information Sharing and, Conversely, to Resist Information Hoarding? • Publicize success stories of lawyers in your office who have assisted their colleagues in some new or novel way with legal KM. • Post helpful internal and external legal KM resources on the office intranet with explanations of their application(s) to everyday practice. • Have someone do a brief demo of a worthwhile information sharing tool or website at an office meeting, lunch or CLE class.
  • 11. 9. How Can Awareness, Support and Resources be Gained for a Specific and Well-defined KM project? • Develop a concise project proposal. Think of it as a supporting memorandum. • Set up and promote pilot projects and their results. • Document all work flows and open them up for full commentary. • Look for other possible beneficiaries in the office who might lend their support.
  • 12. 10. What Role Does the Emergence of Social Media Play in Developing KM in a Municipal Law Office Environment? • Facebook and Google+ • Twitter • LinkedIn • Hardware that makes networking, among many other things, easier for lawyers includes smart phones and tablet computers
  • 13. 11.1. Smaller Scale KM Activities for Individual or Small Groups of Attorneys • Find software tools and web sites that are dedicated to helping you organize your information. Sometime this can be as simple as organizing your email into a series of folders. Efficient electronic filing skills are valuable. • Delete what you will not be using from email, files, office and social networking sites. • Search out free legal specific research and support services online. Again, these are highly accessible from anywhere. • No one can read everything. Use the information capabilities of newsfeeds and Google alerts and set these use in useful categories. Smart phones can be used to subscribe. There are also free services to assist in filtering and organizing tweets, blog posts, Facebook updates and so on.
  • 14. 11.2. Smaller Scale KM Activities for Individual or Small Groups of Attorneys • Seek out colleagues inside and outside of your department who might be interested in discussing and promoting a new KM project. Perhaps there is someone who will emerge to take on a leadership role. • Volunteer to test out a new system. Your input is valuable and makes you more of a KM-friendly lawyer.
  • 15. 12. Trends in Legal KM That Can Benefit Municipal Attorneys • More ubiquitous computing in “the cloud” and why this is so important. • Plenty of legal specific and KM resources are online, including legal research. • Law offices are looking more towards Legal KM for potential increases in efficiency in the face of budget constraints. • More lawyers are out there in practice with the tech skills and motivation to lead or assist in KM projects and achieve new efficiencies in getting their work done.
  • 16. 13. Conclusions • Legal KM will likely scale well in municipal law office operations. • Legal KM projects can be small, medium and large as well as formal and informal. • Robust technology is there to help, but legal KM’s success is equally a matter of process and office culture.
  • 17. 14. Selected KM References • Legal KM Blogs: – Above and Beyond KM at http://aboveandbeyondkm.com/ – 3 Geeks and a Law Blog at http://www.geeklawblog.com/ – Strategic Legal Technology at http://www.prismlegal.com/wordpress/ • Related Reading: – Legal Project Management: Control Costs, Meet Schedules, Manage Risks, and Maintain Sanity, by Steven B. Levy, CreateSpace (December 2009) – The Design of Design: Essays from a Computer Scientist, by Fredrick P. Brooks, Addison-Wesley Professional (April 2010) – The End of Lawyers?: Rethinking the Nature of Legal Services, by Richard Susskind, Oxford University Press, USA; Revised edition (September 2010)