Knowledge doesn’t matter

Jo Van der Spiegel examines the KM challenges facing continental European law firms and provides some useful lessons learnt from past initiatives

This probably looks like the worst title possible for an article on issues faced when implementing a knowledge management (KM) strategy in European law firms. Nevertheless, this phrase represents the biggest issue of all for any KM initiative (regardless of whether it is in Europe or anywhere else). The problem is often the realisation that there is no true commitment to a KM initiative within your firm, along with the assumption that there is no way for you to rescue the situation. Suddenly, knowledge no longer matters.

We have all been in meetings where participants have contributed lots of good ideas, energy levels have been high and enthusiasm great, only to discover that all of this has dissolved once the meeting has ended. KM has to be strategically embedded in the initiative.

Historically, at continental European law firms, many KM initiatives were started because Anglo-American firms were doing the same. There was a drive to copy their behaviours and processes – and most initiatives were focused on the information layer of KM1.

As a result these firms ended up with enormous information and knowledge ‘landfills’ without any strategic management. The aim therefore became the collection of documents and part of this behaviour is still visible today when, during presentations, the number of documents in the knowledge base is projected. Having some 30,000 to 100,000 documents is of no use unless you manage them effectively. And managing such quantities is a nightmare.

For a KM initiative to have strategic impact, you need to agree a clear definition of what knowledge means to the firm. The most elegant definition I could find is Ross Dawson’s: “The capacity to act effectively”. Each individual firm needs to tailor this definition to ensure it covers the areas of law in which the firm is operational. And, of course, that definition needs to be reviewed when it no longer covers the requirements of the firm.

In continental European firms, lawyers are sometimes self-employed, which is often perceived as a barrier for knowledge initiatives, but it really isn’t a show stopper. Knowledge can only be volunteered and because you can never check what a person really knows, it is more the interest of the individual that counts, rather than their legal status.

For a KM initiative to become strategic it is necessary to make it visible and measurable (see Good KM initiatives sell themselves below). It is important that lawyers working on the projects can record their time for these matters and that this time is considered seriously – and not just as non-billable time.

The great end of knowledge is not knowledge but action
Thomas Henry Huxley

What are the other reasons why good initiatives fail? Below are some examples of lessons learnt from previous KM initiatives.

Starting too big
I am regularly asked to start a significant new project, with the motto often being ‘Let us first develop a very good structure’. Thesauri as deep as 6,000 keywords, designed to enable classification with incredible detail, are often the result. However, in reality we learn that after some time these mega-structures become a hurdle to themselves. Too much detail weakens visibility, because most items are hidden in sub folders. It is proof that ‘too much information kills’. In addition, there can be serious problems with updating the structure itself because cross references are often needed, but there is a lack of interest in developing and maintaining the structure. I always recommend starting small. With a very limited structure, it is easier to show initial results and organic growth, which will push the development of new and more sophisticated structures. It also provides an advantage in that most users can develop a good idea of how to search effectively for the knowledge or information they require. Obtaining great content is more important than developing a great structure. Users get very frustrated if they run a search, or find a keyword or folder only to discover there is no knowledge associated with it. Start small. Do not wait until the structure is ‘finished’. If it is a genuine KM project, it will never be finished.

‘It’s free’
There are few things in life that really come for free. Whenever a product is ‘free’ it often implies higher costs in management or maintenance. Any initiative takes time and in the world of law firms, even the smallest amount of time means a cost. All initiatives should be balanced against the amount of time they consume from all players in your KM project.

The ‘players’ are information officers, professional support lawyers, lawyers, the knowledge partner and the KM manager.

Let’s make it perfect
Perfect is not of this world and although every project should be executed to the highest possible standards, absolute perfection cannot be achieved. Recently companies with a dedication to six sigma operations, such as Toyota, have had to admit that even with all their checks and balances they cannot prevent defects from happening. Why should any knowledge initiative reach such a standard? Yet, regularly, the motto is that ‘we will not launch until it is perfect’. This often means there is no launch at all.

IT is the answer
Ten years ago, databases were the answer to KM initiatives; three to five years ago wikis became the predominant players. Today, everybody talks about enterprise search. IT and KM have always had a close connection and at times it was even considered that IT might take over the role of KM workers.

IT certainly creates opportunities because stability and reliability is more important than ever before. IT will, however, always fight with content. Now that content is more accessible than ever, disclosing the right content becomes the more predominant issue. Human intervention and interpretation is still necessary though and the challenge for any enterprise search solution lies here.

Be aware that common IT tools (such as MS Word) can still offer a lot of potential. Few people use Word correctly – for example, applying styles whenever appropriate or adding a new page using a page break (the typical solution is still hitting return/enter until, magically, a new page appears).

Also, I would advise the avoidance of passwords. They are a nightmare to manage and can hinder the efficient flow of knowledge or information throughout the firm.

One size does not fit all
The legal world is heavily connected and lawyers and support staff move from firm to firm on a regular basis. This is often a trigger to deploy a new knowledge initiative. But all initiatives should be tailored to the specific firm or practice – for example, in common law countries, more attention is traditionally paid to case law and text books.

Even within one firm, different practice groups can have different needs. In corporate law departments some of the work can be standardised and thus precedents or standard documents are important. Litigation practice groups are prone to more variance in their day-to-day work, therefore precedents or standard documents are less useful for them – they need more support in analysing cases and facts.

Good KM initiatives sell themselves
KM initiatives need marketing. People will not start to use a product merely because we have built it. Marketing should be as broad as possible, ranging from posters and postcards to e-mail messages or actual events. This will depend on your budget but try all possible channels. A big campaign is fine at the start of the initiative, but you will need to re-enforce the message continually.

KM projects need to be evaluated regularly; therefore it is necessary to make sure you have produced a good analysis of the situation you started with. Progress checks should be carried out at regular intervals, including statistics that demonstrate which content is being used. Priorities for updating can also be set. Unused content must be evaluated to establish whether it needs to be kept or disposed of.

A lack of tangible statistics will make it difficult to manage progress and to support those contributing to the initiative.

Don’t re-invent the wheel
The world has changed dramatically during the past decade and a lot of content is (commercially) available. Whenever you have a reliable source outside the organisation, ensure that you benefit from it.

Today there is hardly any use in collecting and coordinating legislation. Most governments have developed efficient databases to offer that kind of information, hence there is no longer the need to store it yourself. Instead, benefit from the work of the government and focus on value-added analysis.

Jo Van der Spiegel is knowledge manager at Claeys & Engels in Brussels. He can be contacted at jo.vanderspiegel@claeysengels.be

Reference

1. Awad, E. and Ghaziri, H., Knowledge Management, Pearsons Education, Inc., New Jersey, 2004, p41