To blog or not to blog?

The Law Society Gazette recently published a news item covering a Solicitors Regulation Authority (SRA) adjudication, which stated writing derogatory or potentially libellous comments about law firms does not necessarily count as bringing the profession into disrepute. The article highlighted a website set up by a London-based, locum solicitor, which included significant complaints about a firm that he had worked for. The SRA ruling concluded that his comments did not amount to a breach of rules governing conduct. Although the solicitor could still be sued for libel, as the adjudication does not confirm or disprove his allegations about the firm, the SRA concluded that expressing his views was not professional misconduct. No doubt lawyers moonlighting as bloggers everywhere breathed a huge sigh of relief.

Blogging is a hot topic in law firms at the moment, along with the use of wikis and other social-networking software, which is creeping up the agenda not only for knowledge managers, but marketing departments, too. Allen & Overy (A&O) is one firm that is pioneering the use of blogs to share know-how and encourage discussion between its fee earners and clients. Other firms, both here in the UK and the US, are allowing their lawyers to post opinion on, for example, new legislation and other issues affecting the way firms operate and how they may impact on their clients. But at what point do such personal approaches to collaboration and communication, more synonymous with an individual sat comfortably in their own surroundings and ‘chewing the fat’ with their online communities, become cause for concern for law-firm management? In the last issue of KM Legal, A&O’s global head of know-how and training, David Jabbari, suggested that some feared ‘the loss of control’ associated with the use of blogs. However, managed effectively, the scope of information exchanged and the familiarity of the tools surely outweighs the danger of someone saying something they shouldn’t. And it is doubtful that firms would not have sufficient screening procedures in place to pick up any ‘blips’ before they went live.

It may be some time before law firms and, indeed, lawyers, are completely at ease with the use of blogs and wikis – even longer until they replace more traditional methods of knowledge exchange – but firms should nevertheless be prepared.

As always, if you have any feedback or article ideas, we would love to hear from you. I can be contacted at kclifton@ark-group.com. I hope you enjoy the magazine.

Kate Clifton
Editor

Features

Feature: New routes to knowledge This article is for subscribers only
“The past two years has seen more change in law firm knowledge management (KM) than in the last 15,” observes David Jabbari, global head of know-how and training at Allen & Overy. He is referring to a transformation that has been accelerated by rapid developments in information technology, attitude and culture, which has led forward-thinking law firms to realise the value of adopting a strategic approach to KM.

Opinion: Lessons from Aristotle This article is for subscribers only
Aristotle and other classical Greek philosophers believed that appropriateness of any form of knowledge depends on the purpose or the telos it serves. The purpose of a theoretical discipline is the pursuit of truth through contemplation; its telos is the attainment of knowledge for its own sake.

Masterclass: Search security This article is for subscribers only
It is often assumed that users want to search for data inside their business using something like Google. Information workers with a big need for tracking down information will ask for a simple interface and the same speed as the world’s favourite page crawler. It can be frustrating when consumer search sets expectations like this, but it happens in many areas of technology and the logic doesn’t always work; take mobile phones, for example.

Case study: Setterwalls This article is for subscribers only
Establishing an effective knowledge-management (KM) culture in the law-firm environment can be a challenging, but imperative, task for even the savviest of KM professionals. In a climate where lawyers still see their knowledge as ‘power’, it isn’t always easy to encourage fee earners and partners to adapt to the more open, collaborative way of working that forms the backbone of textbook KM practice.

Opinion: At the cutting edge This article is for subscribers only
The war for talent is raging. Demographic changes combined with the increasingly crowded and competitive marketplace mean that acquiring and retaining talent is becoming a key challenge for many professional-service firms, law firms included. I am amazed at some of the perks offered to potential trainees, for example. Gone are the days when a branded pen is the most you could expect on your first day.

Masterclass: Achieving buy-in for KM This article is for subscribers only
After developing a KM strategy – defining knowledge goals to be achieved and aligning them with your overall business strategy – it remains a crucial task to achieve a long-term commitment for this strategy at all levels of the firm. Four core aspects may be identified in order to achieve a buy-in to the KM strategy. These are outlined within this masterclass.

Cover feature: Birds of a feather This article is for subscribers only
A perplexing question: Are business development and knowledge management strange bedfellows or birds of a feather?
The insightful answer: When boiled down to its base elements, all that a law firm does is leverage knowledge and leverage relationships.
What about the knowledge embedded in the relationship with the client or contact? Why isn’t this seen as being an integral part of knowledge management (KM) by many law firms?
The problem lies, as in so many other aspects of management within the legal environment, in the language that we use and how it is interpreted by those who hear it. For many lawyers, the term ‘knowledge management’ is synonymous with ‘legal technical know-how’.

Q&A: Culture shock Free
Gretta Rusanow of Curve Consulting discusses the changing face of KM culture in the law firm environment.

Regulars

The last word Free
‘IT’S MY ball and you can’t play with it,’ is both the mantra of the incorrigible infant and the modus operandi of the petulant professional. Behind the phrase lies an implicit understanding, ‘We can play together, perhaps even playing the game that you want to play, but only if ultimately I’m in control. Take away my control and I’ll take away my ball.’

A day in the life of... This article is for subscribers only
I recently joined the knowledge management (KM) team at Bird & Bird. Lots of people have asked me why I moved into KM. Having previously worked in the library and information services team at Freshfields, I had worked closely with the firm’s KM team on various programmes, such as building a practice-group intranet and designing a discussion forum. I enjoyed the experience of working with the lawyers and seeing projects through to the finish. So when Catherine Flutsch, head of KM at Bird & Bird (and formerly at Freshfields), told me she had a job in KM, I was immediately interested.

Opinion: Anonymisation and Chinese walls Free
Many firms have a policy of anonymising know-how prior to its submission to the firm’s know-how system. Anonymisation is the process of removing information that may identify the parties involved or any other commercially sensitive data. There are no hard and fast rules about how to anonymise know-how because what constitutes sensitive and/or identifying information varies depending on the parties and sectors involved and the matter type.

Thought leader Free
Every organisation has a culture, whether articulated or not. It is at the heart of any business. Perhaps it can best be described as the behavioural norms that prevail in the organisation. If you are involved in knowledge management (KM) it is worth the effort of understanding the underlying culture in your firm in order to maximise the effectiveness of KM investment.