Above and Beyond KM

A discussion of knowledge management that goes above and beyond technology.

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  • KM for the Obese Lawyer
  • What Clients Want
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  • Living in a Fact-Based World
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Disclaimer

This publication contains my personal views and not necessarily those of my employer. Since I am a lawyer, I do need to tell you that this publication is not intended as legal advice or as an advertisement for legal services.
  • I really didn’t intend to write a series on management skills and popular songs but, after yesterday’s reference to “Love the One You’re With by Crosby, Stills & Nash, here we are today with staffing issues again and Paul Simon’s classic “50 Ways to Leave Your Lover.”*

    The impetus for the journey from one song to the next came from some thoughtful reactions to yesterday’s post that I received in the form of blog comments and some sidebar e-mail conversations. The folks who wrote to me pointed out that sometimes there simply is a mismatch between the employee and the needs of the law firm and, in these instances, you really have to part company with that employee for the firm’s sake and theirs. They are right about this. However, before things get to this state it’s important to be sure that you’ve really taken the measure of the person in question.
    In his book, Good to Great, Jim Collins makes an interesting observation about the importance of staffing:

    We expected that good-to-great leaders would begin by setting a new vision and strategy. We found instead that they first got the right people on the bus, the wrong people off the bus, and the right people in the right seats — and then they figured out where to drive it. The old adage “People are your most important asset” turns out to be wrong. People are not your most important asset. The right people are.

    Why this focus on people? According to Collins,

    First, if you begin with “who,” rather than “what,” you can more easily adapt to a changing world. …Second, if you have the right people on the bus, the problem of how to motivate and manage people largely goes away. …Third, if you have the wrong people, it doesn’t matter whether you discover the right direction; you still won’t have a great company. Great vision without great people is irrelevant.

    Interestingly, in separating the right folks from the ones that don’t measure up, his research indicated that skills were not necessarily the deciding factor:

    …the good-to-great companies placed greater weight on character attributes than on specific educational background, practical skills, specialized knowledge, or work experience. Not that specific knowledge or skills are unimportant, but they viewed these traits as more teachable (or at least learnable), whereas they believed dimensions like character, work ethic, basic intelligence, dedication to fulfilling commitments, and values are more ingrained.

    So coming full circle to yesterday’s discussion, spend the time you need to be sure that you understand the employee in question — their character, values, motivations, knowledge and skills — and then see if they meet the demands of being a part of an A+ team, regardless of the tasks to be tackled. If they have the necessary fundamentals, invest in them. This may mean moving them around the bus a little until you have them in the right seat. If they don’t have those fundamentals, get them off the bus.
    *For those of you who are really paying attention, let me apologize for misquoting Paul Simon in my title. The actual lyrics of the refrain are as follows:

    You just slip out the back, Jack
    Make a new plan, Stan
    You don’t need to be coy, Roy
    Just get yourself free
    Hop on the bus, Gus
    You don’t need to discuss much
    Just drop off the key, Lee
    And get yourself free

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  • Two stories this week from senior managers I know made me think again about the responsibilities of managers with respect to their staff. In the first case, the manager was a senior executive in a financial firm. He said he was struggling with what to do with certain members of his staff who “would never meet their career objectives.” The problem was that while he might have fired them in better economic times, secure in the knowledge that they could most likely find work in a less challenging firm, he was equally sure that these folks would not be able to find work easily given current economic conditions. Add to that the fact that his firm has a strong culture that emphasizes the “firm as family” and you have a difficult managerial challenge.

    The second story comes from a manager who felt that his staff was stretched, exhausted and needed assistance. However, when he made his request for additional staffing, he was told that his company was in a cost-cutting mode and there could not be any additions to headcount in his department.

    What’s a manager to do?

    When assessing how well your staff members are performing and whether they are able to operate at their highest and best level, consider your role as manager. Two qualities that set an excellent manager apart from the herd are (i) the ability to understand what talents and abilities each member of staff has and (ii) the ability to provide a framework that allows that staff member to utilize those talents and abilities to the utmost degree to the benefit of the firm. Adherents of the strengths-based approach to staffing and management will tell you that encouraging folks to build on their strengths and successes rather than focusing primarily on their shortfalls inevitably results in higher performance for the group overall.

    In the case of the manager with the under performing staff member, consider whether they are not meeting expectations because you’ve set the wrong expectations. In other words, is their under performance because they haven’t been given the opportunity to set goals and work in an area in which they have demonstrated talents and abilities? (E.g., I can practice 8 hours each day with all the determination in the world, but because I don’t have the necessary innate ability, I will never play baseball as well as Derek Jeter. If recruited to the Yankees, I would never “meet my career goals.”) In the case of the second manager with the exhausted staff, consider how much effort your existing staff members must expend to get things done. Are they working in their areas of strength or struggling in areas for which they are ill-equipped. Asking your staff to do things for which they don’t have natural talents or abilities requires them to spend additional time and energy to get up to speed and overcome their own hard-wiring. Sure they can do it, but at what cost? Contrast that with the speed and ease with which people are able to do the things for which they are hard-wired. (E.g., with enough training and perseverance, any educated person should be able to read an actuarial formula — but never as easily as someone who is naturally highly numerate and enjoys that strange language actuaries speak.) With a reasonably diligent staff, they will try hard to get the job done, but it will take longer and be more painful than if they had the necessary talents and abilities. As a result, they will be perpetually over-stretched, unable to complete all the work, and your department as a whole will under perform.

    So what’s the take away from all of this? In these hard economic times managers have a greater responsibility to ensure that they are deploying their staff in a way that takes the best possible advantage of the unique talents and skills these folks bring to work. This approach maximizes the probability of high performance and high morale. Don’t waste time thinking about how you could replace these employees. Except in special circumstances, you won’t be allowed to spend the necessary funds to recruit and train someone new — assuming, of course, you’re even allowed to hire.

    So, in the words of Crosby, Stills & Nash, “If you can’t be with the one you love, love the one you’re with.”

    [Here's a link to hear a recording of the entire song: Love the One You're With, Crosby, Stills & Nash]

    2 Comments
  • While I don’t have a snowball’s chance in any place warm of ever achieving geekdom, I couldn’t resist testing my abilities against Gizmodo’s The 50 Skills Every Geek Should Have. I flunked — but I’m not too worried. In fact, I suspect that I’m in pretty good company.

    That said, I do sometimes wonder what a comparable list for knowledge managers would contain. To do our work well, we need a strange mix of technical and people skills, as well as substantive legal knowledge if you’re working in the world of law firms, for example. So here’s my first stab at a list for knowledge management — in no particular order:

    1. Superior listening skills
    2. Empathy
    3. The ability to translate from user speak to “geek speek”
    4. Skills in organizing chaos
    5. Analytical ability
    6. Superior persuasive writing and speaking skills
    7. No tendency to technophobia
    8. Deep knowledge of human nature
    9. Openmindedness
    10. A willingness to plan cooperatively via an iterative process rather than imposing solutions
    11. Basic kindergarten competence (i.e., plays nicely with others, doesn’t run with scissors, etc.)
    12. Ability to build strong and productive teams
    13. Creativity
    14. An understanding of database configuration and functionality
    15. An understanding of social computing
    16. An understanding of law firm (or your industry’s) economics
    17. ?

    What would you add? What would you omit? Why?

    5 Comments
  • In my earlier post, Is Your KM Department Serving Fish, I asked what a great knowledge management department staffed by only one person would look like. This is not a purely academic exercise. To begin with, every member of your staff has to be willing to step up as if they are the only ones responsible for the productivity of your department. But beyond this, I wanted to encourage us to think in more organic terms about what we are and what we can be.

    Every acorn holds the potential of a giant oak. What sort of acorn are you? What sort of oak tree will you produce?

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  • Have you ever heard an administrator say that their department could fulfill its mission without additions to headcount? Yet in this economy, more and more administrators are going to be told that they must meet their institutional obligations with a smaller staff. Before we let panic overtake us, let’s spend a moment thinking about the wonderful opportunity this mandate presents. Necessity drives us to think critically about our mission, how we’ve chosen to tackle it and how we’ve chosen to staff it. In these last few years of feasting, many have become bloated. Now we have to rethink our approach.

    Rather than thinking small, let’s blow up the model and start again. What would you do if you could afford only a knowledge management department of one? What would you have that person do? Suddenly, routine chores that consume so much time and effort are much less justifiable. Equally, expending energy on projects that benefit relatively few is short-sighted. So, for example, instead of grinding away at database maintenance chores of marginal value what high-impact project would you tackle? In the context of law firm knowledge management, drafting a model document that might be used occasionally by a relatively small group of lawyers becomes less compelling. So does working on a lawyer’s pet technology project, unless the resulting opportunity cost is one the firm is prepared to tolerate. Instead, spending time to train lawyers to filter and organize the flood of information that comes to their computers daily so that they and their colleagues can find this material efficiently makes much more sense. So does giving them centrally-accessible places to store and exchange the tribal lore that sets the great law firms apart from their competitors. In each case, you make individual lawyers self-reliant and leverage the efforts of one to benefit many.

    In the language of economic development, this is about teaching people to fish so that they can sustain themselves over the long-term rather than handing them fish for a single meal. In the days of plenty, we could afford a large knowledge management staff to find the fish and serve it to hungry lawyers. Things have changed now and everyone will have to know how to do their own fishing. Are you and your firm prepared for this?

    2 Comments
  • A lot of electronic ink has been spilled on the possibility of adapting microblogging technology for use behind the firewall. As with other social media tools, the ability of many to imagine enterprise uses for microblogging (or microsharing or microlearning) has been constrained by their encounters with the microblogging tools some of us have learned to love in our leisure hours such as Twitter. A casual visitor to Twitter sees lots of social interchanges and some downright inane ones, and wonders in their skepticism if this is a plague that should be inflicted on their law firm. (Included in the mix is plenty of useful work-related information, as well as recommendations for reading** and for life, but a casual observer may not notice those right away.) Others will say, given the existing worries about of information overload, we should not add to the pressure by exposing law firm employees to loads of trivia.

    As with most things, we know what we know and don’t know what we don’t know.

    For those of us in need of having our vision expanded a little on this topic, I’d recommend you take a look at a terrific piece in Fast Company by Marcia Conner entitled Enterprise Micro-Learning. In it she provides lots of examples of how these tools could improve social conditions and business productivity within an enterprise. For knowledge management folks, there is a gem in that article that is worth thinking about a little further:

    Too frequently organizational knowledge-sharing mirrors the news-cycle society around us, in which we share the highs and lows, ignoring the ordinary stuff in the middle. It’s in that middle ground people make sense of the work done around them, understand how we can play a part to help fulfill the vision, and know where we can turn to find the help we need. It’s the middle stuff that’s truly interesting and helps us connect with one another.

    She is absolutely right. For many, law firm knowledge management is about capturing and sharing the “high value items” such best practices and models. In most cases, we don’t have the time or tools to handle the items from any other part of the spectrum and allow requests for those to clutter e-mail or go unfulfilled. Yet, it is those requests for the “ordinary stuff” that actually allow folks within the law firm to work more easily and productively. Enterprise microblogging could fill this need.

    And what about the information overload issue? To begin with, unlike e-mail, the user can choose with laser-like precision from whom they would like to hear (or “follow” in Twitter speak). So, you get to put together your own cabinet of advisers: perhaps the partner from the capital markets (or bankruptcy) practice to shed light on current economic conditions + the savvy junior associate who is completely plugged in + the person who makes great recommendations regarding what’s good to eat in the law firm cafeteria. In addition, there are technologies emerging (such as TweetDeck) to help you filter what could be a constant stream of inputs. With these tools, you can decide whom you’d like to follow and how you’d like to group those folks. So each user could create, for example, a practice-focused group, a client or matter focused group, an economy alert group, a firms news group (including your cafeteria advisor), a collection of lawyers in your affinity group, etc. With this structure in place, you could then follow at any particular time the group that is most pertinent for your work or life.

    Microblogging presents lots of possibilities for productivity and for building community within your law firm. Don’t make the mistake of discounting this technology just because you haven’t yet had an opportunity to broaden your experience and vision with social media tools.

    [**I discovered Marcia Conner's article through a tweet by noted social media industry analyst Jeremiah Owyang.]

    2 Comments
  • In a recent post in the Forrester blog, Tim Walters discusses some of the reasons why IT (and knowledge management) folks cling to their top-down one-size-fits-all approach and resist the drive to enable personalization of their offerings. He clearly finds this frustrating since, in his view, personalization is now a matter of “Thurvival”.** Unfortunately, the folks resistant to change have a new compelling excuse to hide behind. Here’s how he paraphrases it:

    It’s the economy, stupid. The trouble with a trial and error approach to personalization is that it harbors the possibility (and probably guarantees the occurrence) of error – and error is an expense that, at this juncture, we’d best avoid. For now, let’s stick with what we know works, and we’ll indulge in experimentation when our corporate head is back above the surface of the water.

    So now it’s the state of economy that gives them license to cling to the Pantyhose Fallacy. Yet, in Walters’ view, taking the one-size-fits-all approach ensures that your site “will be really relevant and engaging for almost no one. ” That’s quite an accomplishment.

    In light of this, it appears that we have two options. We can either sit tight and hope to weather the economic storm without daring to risk anything in the short-term or we can take a radically different approach in which we permit a few short-term risks in order to gain some significant long-term benefits. Tim Walters definitely favors the latter approach:

    …now is the time to make selective, small scale investments in personalization tools and skills. Yes, your experiments will produce errors, and the effect will probably not be as favorable as your “sure bets.” But in addition to whatever financial benefits you achieve, you’re building up a knowledge base, intellectual capital, and competitive advantages that will be extremely valuable later.

    So what are you going to do? Make a smart short-term investment (at the price of a few managed errors) or hide behind the economy as a reason to resist change?

    ** According to Tim Walters, “Survival during the downturn + Ability to thrive afterwards = Thurvival.”

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  • …they participate.

    We’ve seen extraordinary voter turnout in this election. What caused these voters to break through their apathy and actually participate in record numbers? They cared.

    There’s a lesson here for knowledge management. You don’t need incentives. (Not even the free coffee one vendor offered to all voters… and then all customers.) You just need to give folks a reason to care. We saw that on November 4, 2008 in the United States. How will you do that in your law firm?

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  • Let me introduce you to My Little Pony Scootaloo. According to the manufacturer, “SCOOTALOO pony loves to play games and be outside. She’s always on the go to meet and play outdoors with all her pony friends!” The suggested retail price for this toy is US$4.99.

    To be honest, My Little Pony is not something I’ve spent any time thinking about before, but last Saturday night I couldn’t avoid thinking about it as I watched a My Little Pony toy just like the one pictured get auctioned to the audience at the current Broadway revival of Equus. After the curtain call, the cast asked the audience to bid on the toy in order to raise money for Broadway Cares/Equity Fights AIDS. By the time the bidding ended, they had raised US$800. That’s impressive considering the prize normally sold for US$4.99.

    What accounts for this incredible increase? You can find chapter and verse online about the psychology of auctions. Were the folks who bid on the toy completely irrational? Some (like Seth Godin) would say yes. However, that isn’t the complete answer. What I observed that evening was an audience that got caught up in the excitement of the show, the unscripted interaction with the cast, and the perceived value of the prize. It should be noted that the perceived value likely had less to do with the great work Broadway Care/Equity Fights AIDS does and more to do with the fact that members of the cast (including Daniel Radcliffe of Harry Potter fame, Richard Griffiths (History Boys) and Kate Mulgrew (Star Trek: Voyager)) had autographed the toy.

    People don’t always act rationally. However, people do tend to react predictably — if you know enough about human nature. When implementing a knowledge management program don’t assume that people will always do the right thing or even the sensible thing. People usually just do the thing they’ve always done. But they can be swayed by powerful countervailing forces. So while you’re drawing up your neat, logical plans on paper, make sure you spend a little time thinking about human psychology, documented user behavior, and key elements of your law firm’s organizational culture. That way you can plan for the way the very real people in your law firm are most likely to react. And, if a countervailing force is needed, you can dedicate the necessary time and effort to arranging it. To be clear, this is less about offering incentives (which according to many do not work), than it is a warning that perfect paper plans that assume rational user behavior rarely result in flawless implementations. Above all, you need to account for the messy and sometimes mysterious behavior of the users you are trying to help.

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  • Unless you’ve been under a rock these last few months, you’ll know that today is Election Day in the United States. Go vote as if your life depended on it. Voter apathy diminishes a country that holds itself out as a defender of democracy.

    Given the importance of this election, I suspect very little but the most essential billable work will be completed in law firms across the country. There will be time enough tomorrow to worry about that and about knowledge management. For today, use your web 2.0 tools and your social networks to ensure that the election is free and fair and to encourage your friends and family to exercise their rights as citizens. Do your part. Go vote.

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