Knowledge Management: Simple to Understand
Difficult to Implement
by
Andrew Z. Adkins, III
Legal Technology Institute
at the University of Florida College of Law

When I started computing, it was back in the good ol' days with DOS 3.3 and WordPerfect 5.0. It didn't get much better than that. I was able to crank out documents left and right and, with my trusty HP LaserJet II printer, those documents looked professional – every time. I stored my WP files on the computer hard drive and used FastBack to back up the files onto floppy disks. I didn't use a time & billing system and case management consisted mostly of knowing who had the file.

Boy, have times changed. In a short time, (has it been 20 years already?) we're now in the middle of, for lack of a better term, "info glut." Remember, Bill Gates' famous words: "... information at your fingertips ..." He was more than right. Electronic information reigns everywhere and yet, the "paperless office" is still light years away. With information in so many different places, in so many different formats on so many different platforms, it's no secret the legal profession finds itself in a major info glut.

But, there is a light at the end of the tunnel. This may sound strange coming from a legal technology consultant, but the answer is not all about technology. In this article, I hope to introduce you to what some soothsayers are calling a possible scenario for saving the legal profession from info glut – knowledge management.

Knowledge Management – Many Definitions
Knowledge Management has been around for quite some time; it has only started to surface in the computing industry as a potential means to an end. But, those of us in the KM pit will be the first to tell you that there is more to KM than technology. People and processes play a much bigger role in a law firm's KM strategy.

To get an initial understanding of KM in the legal profession, let me lay out the software "pieces" of knowledge management – it may help explain where KM is going. First the "big six," as I like to call them (See Figure):

In addition to those management systems listed above, most legal professionals also use some form of electronic mail (don't forget about attachments) and most likely several substantive database systems or internally developed databases.

All of these software systems are "pieces" of knowledge management in the firm. If you think through each one, you can envision not only what your firm uses, but how these systems are used. Or, to look at is as the "glass half-full," you might envision how your firm is not using the software.

Another way to look at this type of KM model is from a "Google" point of view. If you wanted to conduct a search for the term "Andy Adkins" in your firm, can you type the term in once and have the KM system search through all the "big six" management systems, plus email, plus the substantive databases – sounds easy doesn't it. But, in most firms today, most likely you'd need to do searches in several different software applications in your firm or law department. One of the goals of KM is to have the capability to search through every system with one search.

Knowledge Management means different things to different people. It not only entails the electronic information contained in your firm's computer systems, but it is also the collective intelligence found in the filing cabinets (not already in the computer) as well as in the minds of your lawyers. The key to KM is to figure out what you have electronically, what you need to get into electronic form, and, to be successful, how to capture that knowledge in an easy manner.

Knowledge Management is Not all about Technology
KM is more about people and processes than it is about technology. Mind you, technology plays a significant role, but Tom Davenport, a leader in the KM community once said, "it you are spending more than 30% of your KM efforts (i.e., time and money) on technology, you will fail." Tom Davenport is right on. I've worked with many law firms through the years and one of the key items for capturing initial information is the "Client Intake Sheet" or "New Business Memorandum." While the form looks good and is well laid out, if the attorney or legal assistant doesn't "capture" the information, it won't get into the system – PROCESS. It's not all about technology.

If your document management system can't "find" a particular document, was the document profile form completed properly? Did the firm decide on a STANDARD for capturing the information about that document? Is everyone in the firm following a CONVENTION? It's not all about technology. Most law firms today have trouble with standards and conventions because lawyers are independent (we want them to be) and some times have trouble adopting standards, simply because it changes the way they do things and often it causes more work without knowing the end results or the benefits of change. Consultants for many years have called this "change management" and/or "change leadership." I learned in my early years of consulting that changing a law firm culture ("that's the way we've always done it") is often more difficult that milking a fish.

Let me provide you with another example. When your firm hires a new associate fresh out of law school, that associate will most likely be assigned to a mentor. It's a common practice. The firm already has developed many different forms, documents, and checklists (many mental) of what needs to be done and when it should be completed. But, when the new associate sits down with the mentor, who is providing a step-by-step instruction of what needs to be done, where is that information and how is it captured? In most cases, it is in the mind of the mentor attorney and the notepad of the associate. It doesn't get into the system. PEOPLE and PROCESSES make up the majority of a KM strategy, which leads to developing a KM initiative. Someone once said, "you can't automate CHAOS." They weren't far from the truth. You must know what your firm does, how it does it, and relate it to how you can utilize technology before implementation.

How Do I Begin a KM Initiative?
Dr. Steven Covey, author of many books including The 7 Habits of Highly Effective People, has provided some necessary guidelines for beginning a KM initiative. I "borrow" from his wisdom.

1. Be Proactive – You've heard the term, "you won't catch any fish if your hook is not in the water." KM is not going to come to you; you need to first understand what KM is about, the various pieces of KM, the issues your firm may face with implementing KM, and determine the best direction for your firm.

2. Begin with the End in Mind – Knowing what you'll find at the end of the tunnel will help you understand what you and your firm are up against. Case studies reveal many issues of KM, especially if the firm is similar to yours. But, don't get caught up in the copycat mode – just because if worked for one firm doesn't mean it will work for you. If all law firms did the same thing the same way, this would be a really boring profession.

3. Put First Things First – After you've done your homework, you'll need to prioritize. This typically involves budgeting both time and money, but more importantly looking for those small successes to prove that KM is the right way to go. You will also find out quickly that the KM strategy may take quite some time. A successful KM strategy begins with a strong KM project leader.

4. Think Win/Win – As the KM "cheerleader" in your firm or law department, you'll need to constantly hammer on the benefits of KM. You'll find the biggest challenge is changing the culture of the firm (or department). There are ways to do this, but it typically involves negotiation (or food & drink).

5. Seek First to Understand Then to Be Understood – It takes nine miles to stop an aircraft carrier, but an aircraft carrier can easily make slight corrections. Whenever you're dealing with firm culture or changes in the methodologies (consultants call these "processes"), there will be many reasons why not to change. In most cases, if you first listen to what the person is saying, you'll also hear what they are not saying. Change is difficult, especially to those who've been in the profession for quite some time.

6. Synergize – I love synergy, especially when it's positive and those who usually don't participate get drawn into the discussion. Synergy is one of those "I can't see it, but it really feels right" emotions that you can use to help drive decisions. Once the boat is launched, keep it afloat with solid communication among those who are actively involved in the KM initiative. They will also help carry the torch.

7. Sharpen the Saw – This critical habit helps you to keep focused on the KM process. Don't get confused by the facts. Sometimes people lose their KM focus because they have become to close to the project. Periodically step back and review where you've been and determine if you're still headed in the right direction.

Knowledge Management is not a new concept; we've been utilizing KM processes for years. The legal profession, like all other professions that utilize computers in their everyday work, is beginning to recognize that the info glut problem will get worse before it gets better. Without structure and planning, law firms and law departments will find themselves buried deep in information. If you leave this article with nothing else, remember this: KM is not all about technology. The majority of KM is about people and processes – the "culture" of the law firm or the law department. Start there with your initiative and you'll be well on your way to not only understanding Knowledge Management, but understanding how your firm or department will make it work.

About the PWC-LRC Knowledge Management Study
The PricewaterhouseCoopers – Legal Research Center, Inc. Knowledge Management Study: An In-depth Look into the Current Use and Future Trends of KM in the Legal Profession is currently underway and will be published in May 2003 by the Legal Technology Institute. The study is also sponsored by CaseSoft, Inmagic, iManage, Merrill Corporation, Tikit Group, and West Group.

Knowledge Management represents a major change in the very foundation of most law firms and law departments: culture, process, infrastructure, and transition. With all this data and information, law firms are looking for ways to better manage the knowledge of the attorney, the group, and the firm. The KM Study addresses all these issues.

The KM Study Questionnaire was mailed in February 2003 to more than 30,000 random law firms and law departments in an attempt to capture how the legal profession is embracing knowledge management, the perceived barriers to KM strategies, and successful KM initiatives. In addition, the study will provide invaluable information about the types of KM tools and applications as well as processes and practices best suited for KM. The study results will be made available in May 2003. For more information about the study, visit the Legal Technology Institute web site: www.law.ufl.edu/lti.