Find out how to take the sting out of the buzzword with this introductory article on how technology can assist a law firm in achieving knowledge management. Discrete areas of information within a law firm are identified and suggestions for technologies to help capture, organize, and retrieve this information are discussed. An abbreviated version of this article first appeared in AALL Spectrum Volume 7, No. 4 December 2002.

by Catherine Sanders Reach, MLIS

Technology is not a panacea for knowledge management (KM). A law firm cannot install a knowledge management software package and solve the KM dilemma any more than taking a zinc lozenge will cure the common cold. However, information technology can help make huge strides in achieving KM by providing a means to create, share, and use knowledge more effectively.

Knowledge cannot be stored in a computer - it can only be stored in the human brain, according to Peter Gottschalk in "A Stages of Growth Model for Knowledge Management Technology in Law Firms". Law firms must identify essential areas for KM and judiciously apply software that will provide the best data collection methods and access for each one. Technologies like global search and data mining can bring disparate information together from a variety of sources. Logical points of access, such as an Intranet, bring usability and mobility to the data. Training and security issues cannot be overlooked.

Law firms produce and require certain types of information to remain viable, to grow, and to thrive. The technology used to capture this information assists in achieving knowledge management. For each different type of knowledge the firm creates and seeks to capture there is a corresponding type of software to help store and manage the underlying data.

Knowledge of the Firm

Knowledge of the firm, or institutional knowledge, describes the business of the law firm. Everyone should be able to find and quickly access procedures, holidays, and policies. While human resources software can be purchased, a simple in-house database or creative use of a GroupWare product can achieve success in capturing this information. Add to this a repository of staff and attorney resumes and CVs. This data will allow users to determine local expertise. Consider adding information on experts and expert witnesses to round out the ability to allow full manipulation of human resources. General information about other aspects of the firm, such as practice areas and reporting structure should be included. Insurance, financials, recruiting, and all other business information should be accessible by members of the firm. These types of information are often overlooked, but can add significantly to the knowledge sharing process.

Knowledge of the Law

Knowledge of the law may seem like the most vital mission at a law firm. Information that feeds this knowledge includes legal research, best practices, documents, memorandum, briefs, forms, and e-mail. Document repositories, document management systems, and now some case management systems are allowing users to capture, store, search, organize, and revise this essential information. Firms should also consider making use of imaging technologies to manage print resources electronically. When shopping for software to manage this information look for the ability to add metadata to take full advantage of both indexed searches and full text hunting. Document assembly software allows users to pull information from other resources to save time, eliminate errors, and is especially pertinent in a law firm environment. Court related information, such as forms and rules, should be integrated into the systems pertaining to legal knowledge.

Knowledge of Clients

Accurate, detailed, and accessible client information is essential to the success of a law firm. In-house databases, groupware contact functions, customer relationship management (CRM) software, and some case management software packages have varying ways of capturing client data. Comprehensive data and single click access to essential case or matter information will empower users and ensure success. Attorneys who monitor client information will be able to make knowledgeable decisions about necessary actions, leading to client retention and satisfaction.

Knowledge of Marketing

Firm attorneys and staff all hold a responsibility to market the firm. A marketing database could include information about cases, as well as awards, articles, initiatives, and acquisitions. Clients also figure into marketing endeavors. Software used for CRM allows the firm to track and report on growing business opportunities, as well as providing information for direct marketing endeavors. Since marketing and client information are complimentary, consider a product that allows tight integration of both.

Knowledge of Matters

Case and matter management is a common way for a law firm to structure workflow. This organizational structure allows an attorney to track a matter, its documents, deadlines, contacts, billables, and court related information. Case management software, often referred to as "practice management" software, provides many opportunities to capture this information. Functions of the software may include rules-based calendaring, document assembly, document management, task assignment, contacts, time tracking, and conflict of interest checking. Firms that are litigation intensive will find programs specifically designed to work in a document intensive environment, adding features like timeline creation, deposition transcribing, and discovery processes.

Knowledge of Financials

There are multiple levels of financial information available at a law firm. From tracking the number of hours spent on a particular matter to discovering billables for an associate to cost recovery for office expenses, financial information is at the core of decision making in a law firm. Software classified as time and billing allows attorneys to track time, create bills, and generate reports. Legal specific accounting software puts trust accounting and general ledger creation at the firm's fingertips. Financial information plays an enormous role in providing a gauge for a law firm's success.

Integration and Mobility

From in-house databases to complex practice management software, integration of different systems and software packages is an essential first step to using technology to assist with knowledge management. If new software is being developed or purchased remember to create a list of software currently being used in the firm. Many software companies will write conversion programs or create database links for a fee. It is important to have as much information as possible shared across databases, with a single entry point, to help eliminate duplication of effort and inconsistent information. The knowledge gleaned from using these software tools is only as good as the information that goes into them - garbage in, garbage out.

Another important requirement for firm's software considerations is mobility. Attorneys may carry a laptop and remotely access the network, but in many instances their needs are less intensive. If firm attorneys have personal digital assistant (PDA) or other handheld devices make sure to choose software that allows synchronization for features such as contacts and calendars. Devices such as email enabled cell phones and RIM's Blackberry should also be considered. Email received via these portable devices should be re-entered into the system since this form of written communication is a vital link in knowledge sharing.

Access

There are two main ways to access the information stored in a firms' software and data repositories. One is to search the data and the second is to browse it. Many times it will take a combination of both to find enough relevant information to create knowledge. Information residing in multiple systems, including proprietary software, web-based applications, legal research databases, Internet and Intranet materials, can be simultaneously searched using robust search engines or spiders. Familiar companies such as Inktomi, FAST, and Google offer enterprise solutions to search across platforms. WestKM recently arrived on the market, offering a simultaneous search of a firm's documents and the Westlaw databases. The most important part of setting up a search of this magnitude is a careful selection of options and search parameters to ensure that searchers get high quality results from these efforts.

A similar concept to enterprise search is data mining. Data mining allows a user to look for hidden patterns in data, discovering previously unknown relationships. This type of software does not search for information, rather it re-organizes the information to make it more accessible. Other tools that allow users to discover patterns or synthesize information include mapping software and reporting applications.

Another way users find information in the system is via an intranet, portal, or extranet. Each of these technologies offers arrangement of information in any variety of ways, providing a logical interface to all firm information. The most important quality for the success of these endeavors is that the information is presented so that the user can intuitively maneuver through the data. Portal technologies allow users a high level of personalization, drilling directly into specific parts of a database and pulling up the data without going through the time to open each piece of software and navigate to the needed information. An extranet or virtual private network (VPN) allows users access to the system at a high level of interoperability via a secure Internet connection.

Issues

Acquiring, installing, and implementing technologies is only a minute part of the overall mission when the goal is knowledge management. Vital to the success of any initiative is the complete commitment of law firm stakeholders. Many people are resistant to change and do not like to learn to work in a new way. Firms can offer incentive to participate in the KM process, such as creating billing numbers for contributing to databases or participating in technology training (see "Roads Diverge in KM: A Tale of Two Law Firms”). Attorneys typically work autonomously. In order to make a KM initiative work there needs to be full participation from the top down. Training in each of the systems should be available and mandated. However, there are multiple levels of involvement in each technology project, from the clients to staff to attorneys. Make sure that training is directed towards the right users with a tight focus. Similarly, there are myriad security issues when creating and linking multiple systems. Remote access, privileged information, client confidentiality, Chinese wall, and other security issues must be addressed as the systems are installed. To lower frustration, security should be tied to log-in ID so that a user never has contact with information he or she cannot access.

Conclusion

Thoughtful implementation of information technologies in a law firm is a great way to begin or invigorate a KM initiative. Dr. Bill Fraser in "Deconstructing KM in Law Firms" suggests keeping in mind that information - that which is stored in a computer - and knowledge are two different topics. Information only becomes knowledge when assimilated by a human. This process requires an investment of motivation, time and effort. The future of the law suggests that these information technologies and systems will become increasingly essential, both to knowledge management and to the survival of the law firm. Competition from multi-disciplinary and multi-jurisdictional practices will force firms to streamline processes. As online legal services, expert systems, and artificial intelligence become more sophisticated, human attorneys' ability to generate knowledge will become the "value-add" in the legal profession. Globalization and the need for mobility will force a higher level of dependence on technology for information sharing and retrieval, as the ability for real time face-to-face communication decreases. Knowledge management will help the legal profession weather these changes and assistive technologies can support in this transition.

Catherine Sanders Reach has a masters degree in library and information studies and is a research specialist at the ABA Legal Technology Resource Center.