Post by David Hobbie, Goodwin Procter and Blogmaster, ILTA KM Blog
The 2013 KM White Paper “Knowledge Management: Intelligent Business At Its Best” has been released! Organized by Mary Panetta of ILTA’s KM Peer Group Steering Committee, this annual publication has an in-depth look at a wide variety of traditional and cutting-edge knowledge management topics.
I was particularly impressed by the scope of topics in this issue. The articles collectively demonstrate KM’s centrality in addressing new legal business issues such as pricing, legal project management, and big data, as well as the vitality of new approaches to traditional knowledge management concerns such as precedents management, document automation, and portals.
In “KM Professionals: A Natural Fit for LPM,” Lisa Gianakos of Pillsbury Winthrop Shaw & Pitman LLP, shares the results of some surveys of Legal Project Management initiatives and knowledge management professional in (mostly large) law firms. She found that the majority of the firms who responded to the survey (75%) had either formal or informal LPM programs, about the same amount as had KM programs. Where respondents had LPM and KM programs, KM was involved in LPM 59% of the time. Along with other analysis of LPM in law firms, she also shares many (anonymized) comments about how LPM programs got started and how KM interfaces with, supports, and sometimes manages LPM programs.
In “The Pricing Professional’s KM Toolkit,” Chris Emerson and Amy Wu of Bryan Cave LLP argue that professionals who are responsible for pricing and budgeting must understand a firm’s KM assets in order to excel at their work. (I have been making the same argument from the other side, that KM professionals have a tremendous amount to contribute to pricing and budgeting efforts.) The authors cover key KM resources, most notably matter experience databases, and how they can be leveraged specifically for pricing work. They also reveal another impressive Bryan Cave innovation, custom software which essentially uses a trainable probability-based software engine to greatly speed up the time required to analyze historical time entries and how they might fit into a phase-task coding framework, in similar fashion to predictive-coding eDiscovery software.
In “Big Data, Predictive Analytics and Social Consumerization: Big Hype or Big Opportunity,” KM Distinguished Peer Eric Hunter of Bradford & Barthel and Spherical Models argues that the legal industry needs to take a lesson from the social consumer companies’ use of predictive data analytics. He sees opportunities for improvements in data management, staffing, pricing, and client service. For instance, his firm uses data analytics to assess attorney performance for specific personal injury defense clients, taking into account factors such as the level of injury, doctor involved, and the like. They hope to move towards outcome prediction, both in terms of settlement payouts and litigation costs.
In “Another Look at Precedent Management“, Boston-area colleague Marybeth Corbett looks at precedent systems and Wilmer Hale’s efforts to incorporate some cutting-edge document drafting and assembly tools into its practice. I agree with you Marybeth that effective precedent systems are nothing to be ashamed of these days! She includes a useful set of key questions to ask about a precedent management blueprint.
In “Document Factories: Building Document Automation Tools,” Anthony Kikuta of Wilson Sonsini Goodrich & Rosati LLP lays out criteria for selecting document assembly or automation in great detail. He addresses the range of features available in packages such as Contract Express, and spells out how to get the most out of your document assembly tools.
In “KM Standards In Practice,” KM PG Steering Committee member Andrew Baker and Dustin Robinson, of Seyfarth Shaw LLP, relay their experience with the document analytics tool “KM Standards,” summarizing it as a powerful but imperfect tool, the “Swiss Army Knife With A Slippery Handle” of precedent work. (Another firm’s experience with this technology was recently addressed in an ILTA webinar covered here.) They see a very broad range of potential uses, but have focused on three; creating clause/precedent collections, client-specific content management, and benchmarking. They share valuable lessons about how to work with this tool to increase client value.
In “Using Design To Improve KM,” KM practitioners Andrea Alliston and April Brousseau of Stikeman Elliott and Tangledom consultant (and known design expert) Kate Simpson tell about out a “lawyer-centric design process” that in their “CLE Manager” case study significantly improved software development. They argue that the goal of the design process should be to convey to the IT designers a rich understanding of end user needs and tasks so that “at last we [speak] the same language.” KM practitioners are uniquely situated to be able to convey that understanding. Helpful charts contrast traditional software development with a design-centric approach.
In “Experience Matters at Dechert,” Kelly Breslin and Julie Ketover cover their firm’s development and incipient rollout of “DechertEXP,” an experience management system. They’ve effectively laid out the importance of tying together the many sources of information, collected at different points in the matter life-cycle, for complete experience coverage. A sidebar with “Top 10 Takeaways” has some succinct and doubtless hard-earned lessons.
Lastly, in “Creating an International Client-Facing Knowledge Website,” Jellienke Stamhuis of Ius Laboris and Richard Lister of Lewis Silkin LLP in England cover their successful efforts to launch Ius Laboris’ international client-facing KM portal addressing human resources (HR) issues. I was especially impressed with how far they advanced from where they started and by the personalization feature whereby counsel can select an HR issue and choose several countries, and receive a comparison of the laws on that issue in those countries.