Monthly Archives: January 2016

The rise of Legal ‘Lean’ and its impact on Knowledge Management: looking back at KM Legal Europe 2016

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IMG_4381A year on from the Breakfast Breakout Martin White and I ran for Legal Knowledge & Information Management professionals in London I found myself back among them in Amsterdam at KM Legal Europe.

My brief was to provide a stimulating opening to the conference (I went with In at the Deep End – an Icebreaker I used at KMUK) and then give a presentation on the second day on Working Virtually. I was delighted with the enthusiastic response and the level of interaction that occured over the two days expertly led by Chairman Raffael Büchi.

Opening

So what did I see and hear (and learn), and where is Legal KM a year on?

Who or What’s driving KM in the Legal Sector?

Firstly, clients are becoming more sophisticated and insisting law firms are better. And new offshore firms are emerging that are making legal advice more a commodity product that can be disintermediated through technology. That’s having a knock on effect as firms bow to pressure for greater transparency, more efficient processes and better use of technology.

Some firms have also recognised the risk arising from the potential loss of knowledge when people and teams leave or the need to do more effective due diligence on the knowledge they are acquiring when people and teams join.

They are responding by ‘offshoring’, adopting established process improvement methodologies such as Lean/Six Sigma and integrating that into continuous proces improvement,  combining CRM with EDRM, building Legal Project Management capability,  attempting to get into their client’s shoes and using horizon scanning to take a look at the future.

From a Quality & Standards perspective, ISO 9001 certified firms and their Quality Managers are also casting a watchful eye on the emergent standards having noted the introduction of the amended regulations in September 2015 which for the first time made mention of Knowledge Management (Clause 7.1.6. Knowledge) noting: “The concept of organizational knowledge introduced to ensure the organization acquires and maintains the necessary knowledge”

The early KM adopters on dsplay in Amsterdam had visionary leadership to thank for embarking on their initiative, their challenge is sustainability when their sponsor departs.

These categories I find useful as a way of identifying the drivers behind a KM initiative:

  • Innovation / Process Efficiency
  • Risk Management
  • Quality & Standards
  • Vision

What trends did I see?

The ‘big’ trends for me were:

  • Rise of Continuous Process Improvment initiatives supported by Process Mapping and Automated Document Assembly,
  • Increasing use of Predictive Analytics “law has talked billable hours for ever. Clients using Artifical intelligenceI to cross check time sheets and identify duplicate effort”
  • A recognition that billable time can be apportioned to KM related activites. I noted, “big change happens when lawyers can charge billable hours while working on KM. some tried contributor of the month rewards.”

What surprised me?

The number of partners who are known as Knowledge Partners which illustrates a career path now for Legal KM’ers.

We use Social Media to recruit but not to collaborate. In a good open discussion it was clear that the majority were sceptical about using Social Tools citing confidentiality. I was drawn to this comment from Erik Hunter who in his opening to Day Two encouraged the audience to: “think about the science of social media, the thoughts behind it, not just as push tools for comms & sales.”

Offshoring – where is my knowledge? Few of the people I spoke to had considered or made attempts to mitigate the risk of knowledge loss from outsourcing operational activitives.

The idea of a “call outs for know how” by the KM team. A tailored process based on deal flow. Looking for nuggets from across the firm.

The establishment of a Corporate University in a legal firm who have a competency framework that includes a metric of min 50 hours per year commitment to KM.

Continuous Process Improvement supported by Enterprise Search that can look across Matters Directories.

Despite recognising the importance of good project management training for the changing world the training was described as being too generic.

Use of the Knowledge Assets phrase in a couple of presentations.

Quotes that stuck (or got retweeted)

“KM means bringing the brain of the organization to the client” Paul Corney

“The value of a flexible and evolving strategy cannot be underestimated.” Andrea Alliston

“Active collaboration leads to better communication leads to more innovation.”Contract Express

“To get collaboration right you need to have good community management and know what your knowledge is” “Don’t let the collaborative tool lead the effort” and “Good stories drive good collaboration habits.” Andrew Pope

What Good Looks Like

“what good looks like: demonstrating value” (of KM)

What advice would I give Legal KM’ers?

  • “Fix something for someone quickly.” A great quote from a panel session to which I’d add, focus on a maximum of 3 issues, adopt a pilot approach and show results in first 6 months.
  • Embrace the ‘Barbarians at the Gate‘: Legal KM’ers are getting their accreditation as Green or Black Belts. KM’ers have the facilitation skills needed to get lawyers to do process mapping and need to learn the language and practices of Lean / Continuous Process Improvement supported by Enterprise Search or change the dialogue at the senior level so that KM interventions are embedded into process. I noted: “continuous improvement can reinvigorate KM importance of process maps and fishbone diagrams” from a session by Arjan Krans.
  • You need to be seen as a contributor to the delivery of the service to the client: During one of the sessions looking at turnover this statement was made: “Knowledge teams tend to be stable in Law firms”  prompting this question ‘Why?”  The reply: ‘A KM role is lifestyle decision with predictable time”.  The point was made that Legal KM’ers are less inclined to do the unsocial hours associated with Lawyers. In plenary I made the point that in all organisations those who are seen as ‘support’ or ‘operational’ rarely get the recognition rain makers do.
  • Become skilled at facilitating virtual meetings and collaboration. Communities (inwards and outwards) will continue to grow in importance. Firms are not spending enough equipping people with the social skills to make virtual encounters work effectively.
  • Get in front of the client. A quote that really struck home. A lawyer was asked if he had run the proposed Application past the prospective client base. His response: “No I have a clear ideal of what they want.”
  • ‘Get the squeaky wheels on side’.  Have a One Pager (preferably with a visual) that summarises what you do (and don’t) do.
  • “We (legal) use scattergun approach to sharing knowledge. Use social media or die!” Nicky Leijtens

And finally:

I heard this from the two legal counsels pleading for a change in the way the client / firm dynamic works: “collaborate not push, it starts to rain newsletters all of which are the same”.”Clients don’t want exclusive portals with law firms. Don’t think me & my client, think in terms of communities”

Law firms need to ensure the knowledge circulated and shared w/ clients differentiates, distinguishes & sets them apart.

I left with this, a slide captured by Lorna Louisa Cropper: “Innovation: Traditional law firms need to stay aligned with .”

Screen Shot 2016-01-26 at 18.30.30

 

“Bringing the brain of the company to the field”: behind the scenes look at the production of our book

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If ever there is a great justification for starting a Knowledge Management (KM) programme then the title quote from an interview with John McQuary encapsulates it. KM works when client proposals or solutions draw on the collective wisdom of an organisation.

It’s one of many superb quotes and stories, from the series of research interviews conducted with global practitioners: from Colombia to Australia by way of USA, Canada, UK, France, Belgium, Malaysia and Singapore, for the forthcoming book Patricia Eng and I are co-authoring. In all 18 interviews and more than 40 hours of audio material on KM in Energy, Shipping, Nuclear, Financial Services, Military, Engineering Services, Aviation, Health, Consulting, Manufacturing, Education, Food and Regulatory.

Patricia, who was previously Head of Knowledge Management at US Nuclear Regulatory Commission, and my task is now to turn the material collected into, in her words:

” The book I wish I’d had when I started”

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Which is why she and I spent time in Henley-on-Thames last week analysing what we’d heard in the interviews.

Let me take a step back.

It all began when:

I met Patricia in 2014 while I was chairing KMUK and she was a guest speaker describing the KM programme she’d set up and run for the organisation that oversees the US Nuclear industry.  Learning from near misses and from good practices while improving the way ‘newbies’ are inducted into the business had saved her organisation an estimated US$37 million while she was at the helm of the programme.

About the same time I was running Masterclasses on Effective Knowledge Capture and Retention and seeing real interest from organisations who’d recognised the potential risk of knowledge loss from merging, downsizing and retirements or as a result of having specialist skills resident in a small number of individuals only.

After exchanging ideas post conference we felt we had sufficient synergy to begin collaborating on a book focused on “Proven Knowledge Capture & Retention: Between Theory & Practice.”

Though our combined experience is approaching 80 years of business with a significant slug in KM and related activities we wanted to draw on the experiences of great practitioners.

Establishing criteria / identifying interviewees:

We agreed it was important to approach people who’d actually done it and got their hands dirty: who experienced highs and lows and maybe also seen their programmes wither on the vine after they or their sponsor left.

We knew many global practitioners, from chairing and speaking at/ attending KM related events but we wanted to spread the net wider than our own sphere of influence so in effect conducted a virtual “Peer Assist’ with senior global KM’ers and these are the criteria we set for selecting interviewees:

  •  A KM professional that actually built a KM program for an organization they worked in, as opposed to a consultant who was brought in to work on a KM program and then left.
  •  Have spent at least 2 years on the programme.
  •  Primary person responsible for the KM programme – interfaces with executives
  •  Can point to a clear ROI, e.g., productivity or monetary
  •  A KM professional who can speak to what constituted the ROI:

Our thanks go to Patrick Lambe, David Gurteen, David Williams, Karuna Ramanathan, Shawn Callahan and Chris Collison for their recommendations.

Setting up the interviews, thinking about the questions:

In my Masterclasses I always stress how important the interview set up is.  Apart from thinking about the where its always vital to give the prospective interviewee time to think about the answers and to tell them what the process is. Here’s the questions we asked:

  • Tell me about the circumstances and the drivers behind the original knowledge retention programme and who was involved?
  • How did you go about determining what knowledge to try and capture/retain?
  • Give me a brief snapshot of how you went about capturing it.
  • What was the biggest challenge you had to overcome?
  • How did you convince your management to go for it? ‘Business Case?’
  • What difference do you think it made to your organisation?  What was the actual return on investment?
  • Is there a particular highlight you remember?
  • Having done this if you had to do this over again what would you do differently?
  • And finally what would you tell someone about to set out on a programme to capture and retain knowledge?

We also added:

  • If there is one book you felt helped or inspired you what would it be?

Conducting and recording the interviews:

We had a list which grew from 12 to 18. Patricia volunteered to do the interviews (she is good at it) as we felt continuity in style was important.

We thought about using technology to help with the cataloguing and analysis. Instead we agreed not to transcribe verbatim but to each listen to the interview and make our own notes / key points which we’d discuss face to face in January 2016.

We learned a lot (remembered a lot) about the importance of having technology back ups and also that many corporates don’t allow Skype.  We found that taping the conversation proved good enough for us to listen to and that DropBox was an effective and secure storage vehicle for the tapes.

Analysing & Sensemaking:

And so last week we found ourselves awash with flip charts, postit note, and marker pens. By Friday evening we had a structure for the chapters of the book and a pretty good idea of the examples, stories and quotes that would fill them. Here’s a snapshot of how we went about organising the material:

IMG_4343

What I found interesting, the varying drivers for starting KM across the interview base. Most were due to Risk, a lot were down to Innovation & Process Improvement, some were as a result of the CEO’s Vision and a couple because of Regulatory or Audit findings and a call to action.

And finally:

With an outline (and publisher) in place we can now set about writing to meet the deadline of having a good manuscript that does justice to the insights provided by the interviewees (e.g. KM Bonus Points, ‘Knowvember’ Award, Rock Lite, Adaptive Case Management,  XpressoX, ‘Pick a Problem’, SME Protoge Program…) ready before the summer.