Recently I attended a presentation where a client in the legal space gave his critique on how the services he purchased were priced. He had obviously thought this issue through and outlined a litany of complaints with how the services are priced and billed.
The list included:
  • Confusing bills – With so many rates and prices he couldn’t figure out what he was buying.
  • Too many bills – He received 16 different bills in one month from one firm.
  • No value connection – He was never really sure what value he received compared to the price he paid.
  • Annual increases – His providers automatically raise their prices each year without real value conversations.
The list went on, but you get the picture. This is one client who is not happy and wants his providers to step up, address these problems and change the way they price and deliver their admittedly valuable services.
Was this a client of legal services? No. He was a BigLaw partner talking about his online research services providers.
As I sat there listening, I became increasingly uncomfortable. Not for the vendors he was targeting (they were in the room), but for him as a lawyer whose firm is likely doing pretty much the same to its clients.
Oh the irony.
Two Lessons:
  1. Glass house? Put the rocks down.
  2. Providers and customers are equally culpable. Blaming the providers is neither constructive nor honest. The pricing confusion in both of these markets (legal services and online research) is the result of past needs of both customers and providers. The solution to the problem is not swinging the blame stick, but instead will come from sitting down together and building a new approach.
Hopefully collaboration will prevail over rock throwing in both markets.

Michael Saint-Onge and I had the pleasure of waking everyone up at the AALL conference last week with our 8:45 AM presentation on technology tools used in law firm libraries. Although not everything we’ve listed has practical use in the law firm library setting, we thought we’d have a little fun with running through a few known, not-so-well known, and a few completely obscure resources that “may” have some application in the law firm library setting. It’s always a pleasure to present with Michael… but since we both like to rattle on, it was also nice to know that we only had a few seconds to talk on each one of these. Of course, if we missed something that you think should have made the cut, feel free to add it to the comments below. (If it is good one, I’ll even add it to the slideshow!!)
NOTE: if you can’t see the embedded presentation, you can go to Google Docs to view it.

For a project I’m working on, I asked a number of county law librarians to share their mission statements with me in order to see how individual law libraries view their services for the community they serve. In addition to the mission statements that were sent to me, I also attempted to go through a list of large US counties (marked with an asterisk*)  to see if they listed their mission statements on their websites. Most of the libraries I found online do list a mission statement, but not all. Surprisingly, some of the largest counties specifically don’t have a mission statement at all.

Most of the mission statements listed the county law library’s mission as providing access to legal information and research services to the members of the local community. A “Wordle” of the mission statements points out those common phrases. Although a mission statement may not be necessary to run a county law library, but it does seem that it would be important if you are intending to let everyone know what your scope of business is as well as the value you are bringing to the community. Also, not all county law libraries are “public.” Some are subscriber based or have limited public access because the monetary support for the law library comes from members or from the local bar association. In addition, not every county has a law library. For example, Detroit (Wayne County) Michigan uses the law school libraries as a de facto county law library.

In the era of online research through Westlaw, LexisNexis or Bloomberg, the assistance of services like LegalZoom, and the ease of Google to do your basic research, many may think that the idea of a public law library may seem passé. Fortunately, there are many county law libraries that still seem to believe that they serve a purpose to the community to enhance knowledge of the law and to facilitate access to the justice system (see King County, Washington.)

Just in case you have a county law library mission statement, I’ve listed these all out on an open Google Docs page. Feel free to add yours to the list!

Maricopa County (Arizona)*


For over 90 years, the Superior Court Law Library has provided legal research assistance to the bench, the bar, and the public in Maricopa County, one of the fastest growing counties in the country. The Law Library is a public-court law library with a collection of over 150,000 volumes and a broad array of legal databases. These resources aid the Law Library in the fulfillment of its mission to provide open, reliable access to legal information.

Yavapai County (Arizona)


The Yavapai County Law Library’s mission is to provide access to legal information – print and non-print – and information services to the general public and the citizens, legal community and court staff of Yavapai County in a prompt, impartial, economical manner.  The Law Library assists library and self-service users in locating resources to facilitate their research and provides access to legal forms for filing in the Superior Court of Yavapai County.


Alameda County (California)*


Mission: The Mission of the Bernard E. Witkin Alameda County Law Library is to provide access to current legal information to the public, attorneys and residents.
Vision: The Alameda County Law Library is a public Law Library. The Library envisions a future in which all people have effective access to justice. To bring about this vision, it provides access to information required for participation in the legal system, resolving legal disputes, engaging in commerce, and tending to personal affairs and academic projects.

Orange County (California)*


None found.


Los Angeles County (California)*

Vision Statement: The LA Law Library is the leader in providing public access to legal information.
Mission Statement: The LA Law Library provides access to legal information through effective, efficient and collaborative services in order to support current and emerging user needs in a dynamic legal environment.

Riverside County (California)*


The goal of the Board of Trustees for the Riverside County Law Library is to make available to the judiciary, state and county officials, members of the state and local bar, and all residents of the county, current legal materials, modern facilities and adequate trained staff, which will enable them to perform the highest level of research and practice.” (Adopted April 1984).

Sacramento County (California)*


Vision Statement
The Sacramento County Public Law Library staff strives to provide excellent service to all members of our diverse community, to respect the dignity and individuality of each community member, and to acknowledge the importance of each member’s access to legal information.
Mission Statement
Towards the fulfillment of our vision, it is the mission of the Sacramento County Public Law Library to:
Assist our customers in their effort to use the legal system effectively
Continually improve our services
Cultivate new technologies to best serve customers
Exhibit our values in our daily work
Seek to maximize our customers’ research dollar
Support each other in our individual and team efforts to improve the library

San Bernardino County (California)*


Our mission is to provide public access to current legal information. The Law Library maintains a comprehensive legal reference research collection, including state and federal cases and statutes, national and California treatises, legal periodicals (law reviews), legal encyclopedias, electronic databases, and self-help materials.

San Diego County (California)*

Vision: The San Diego County Public Law Library uses its staff, its collections, and the other tools and programs it develops to promote relevant, pertinent and timely legal information to the residents of San Diego County in order to provide them with access to justice.
Mission: Focus on meeting the needs of the library’s users.
Create a county-wide community resource that promotes interaction and collaboration in the dissemination of legal information.
Maintain a practical, timely and relevant collection and electronic access to legal materials that will meet the needs of the library’s users.
Make legal information available to users in the most appropriate and relevant format possible.
Provide professional library staff that demonstrates excellent communication skills and uses technology to improve workflow and enhance the flow of legal information.
Develop facilities and spaces within the law libraries that enable study and collaboration.

San Luis Obispo County (California)

It is the mission of the San Luis Obispo County Law Library to provide current legal materials that meet the legal research and information needs of Law Library users in San Luis Obispo County. We serve all members of the community and county government.


San Mateo County (California)


The mission of the San Mateo County Law Library is to provide access to legal materials to all persons interested in the law. To meet this end, the Law Library is a resource library open to the Judiciary, members of the State Bar of California, and all residents of the County of San Mateo and the State of California for the purpose of legal research and the examination of law books and other legal materials.

Santa Clara County (California)*


Mission: To empower our residents to do their own legal research

Stanislaus County (California)


The Stanislaus County Law Library provides free access to legal information for the judiciary, members of the State Bar, public officials, and to all residents of the county for the purpose of education and research.


Brevard County (Florida)*


The mission of the A. Max Brewer Memorial Law Library is to collect, preserve, and provide access to legal resources and information to Brevard County judges, attorneys, government officials and the public
The A. Max Brewer Memorial Law Library strives to provide courteous, confidential, and cost-effective service to all members of the community.
Broward County (Florida)

Hillsborough County (Florida)*


Mission: Collect, maintain, and make available legal research materials in print and electronic format not generally obtainable elsewhere in the County for use by the bench, Bar, students, and the general public.

Miami-Dade County (Florida)*

None Found.


Palm Beach (Florida)*


The Palm Beach County Law Library serves the legal and law related information needs of the county, including county residents, judges, attorneys, students, county officials and pro-se patrons. It provides legal reference and referral services, within the guidelines of Florida Statute 454.23.
The law library cooperates with the community to enhance knowledge of the law and to facilitate access to the justice system.
Our goal is to provide the patrons with accurate up-to-date legal information.


Pinellas County (Florida)


The Pinellas County Law Library is committed to providing cost effective and timely access to significant print and non-print legal resources at the local, state, and federal level useful to the Courts of the Sixth Judicial Circuit, the practicing Bar, Pinellas County Agencies, and the public in their search for law-related information and their pursuit of justice.

Cook County (Illinois)*

Provide a practitioner focused legal research facility; Maintain a practice-oriented collection of legal material in print and electronic format; Provide legal and legislative research assistance; Operate in a manner consistent with sound fiscal management.

Champaign County (Illinois)

The Mission of the Champaign County Law Library is to provide access to legal research materials to members of the public, lawyers, judges and other county officials in order to facilitate the just and equitable disposition of cases heard in Champaign County.

DuPage County (Illinois)

The mission of the DuPage County Law Library is to provide legal information services to all licensed attorneys, judges, as well as members of the public. Our goal is to provide our patrons with accurate up-to-date legal information. To achieve this goal we are committed to increasing the law library’s collection to meet the needs of the legal community. At its present pace, the collection will double in size every nine years. Presently the DuPage County Law Library contains more than 26,000 volumes including compilations of statutory and case law accessible through state and federal statutes, digests, encyclopedias, regional reporters, treatises and legal periodicals.

Kane County (Illinois)

Mission Statement
In support of its governing statute, 55 ILCS 5/5-39001, the Kane County Law Library & Self Help Legal Center staff strives to provide outstanding service, recognizing, supporting, and furthering open and equal access to legal and governmental information for all.

Vision Statement
Towards the fulfillment of our mission, it is the vision of the Kane County Law Library & Self Help Legal Center to openly advocate for and fiercely support equal access to justice through:
Assisting the public in their efforts to understand and use the legal system effectively and efficiently
Creating informed consumers with realistic expectations of the legal system
Ensuring equal access to legal and governmental information in the most cost effective manner
Continuing to educate ourselves and others about new technologies and services and supplying those technologies and services deemed appropriate at no or low costs
Actively advocating at local, state and national levels individually and through professional associations for open and equal access to legal and governmental information
Supporting not only the Judiciary, County Personnel and those in the legal professions, but the public and its diverse membership in their quest for legal and governmental information.
Creating positive contacts and experiences between the public and the legal system

Jefferson County (Kentucky)


The mission of the Jefferson County Public Law Library (JCPLL) is to provide the community with a current collection of legal reference materials based upon the belief that access to knowledge and information is essential to the promotion of justice and respect for the law.

Oakland County (Michigan)


The Oakland County Library provides free and open access to specialized collections and services generally not found in local public libraries for its residents, elected officials and county employees.


Wayne County (Michigan)


No law library – Relies upon the local law school libraries.


Middlesex County (Massachusetts)*


None found


Dakota County (Minnesota) 


To provide adequate and timely legal information to the judiciary, governmental employees, the members of the bar and the citizens of Dakota County, in the form most comprehensible to all types of users, bearing in mind that ready and convenient access to such information is vital to the justice system of a democratic society.
To collaborate with existing organizations to maximize the delivery of legal information and to avoid costly and ineffective duplication.
To utilize information technology to deliver legal information wherever financially feasible and acceptable to users.

Hennepin County (Minnesota)

Our mission is to provide access to legal information, a basic component of access to justice, to all citizens of the County, in ways that are reliable, efficient, respectful, innovative, and economical.



Ramsey County (Minnesota)

Mission.  The mission of the Ramsey County Law Library is to provide the best legal information services to its patrons, using print and online material, in the most cost effective manner.  Legal information is a basic component of access to justice.

Clark County (Nevada)*

VISION STATEMENT: A research library dedicated to providing equality of access to sources of law, related information and community resources.

MISSION STATEMENT: The Clark County Law Library provides access to the most recent precedents and the best available commentary regarding legal issues.

Bronx County (New York)*

The primary mission of the law libraries of the Unified Court System is to contribute professional library services to the process of providing just and timely resolution of all matters before the courts.
In order to fulfill this mission, timely, adequate, accessible, and effective resources are provided in an efficient, cost-effective manner. Library staff manage, acquire, evaluate, store, distribute and clarify information deemed appropriate to the mission of the library.

Kings County (New York)*

The library’s mission is to serve the bench, the bar, & the public by providing professional library services.

Nassau County (New York)*

The library’s mission is to serve the bench, the bar, and the public by providing professional library services.

New York County (New York)*

To acquire, process, and to provide access to legal information resources in all formats including digital, to library patrons; To provide research support and training for court personnel and other library users; And to provide library related technology support, including opportunities for web based searching and access to materials for library users throughout the Unified Court System.
The library also responds to reference queries from throughout the world if time and resource permit.

Queens County (New York)*

The library’s mission is to serve the bench, the bar, and the public by providing professional library services.

Suffolk County (New York)*

None Found

Cuyahoga County (Ohio)*

** Dues-Paying Membership — Public access only on Wednesdays from 8:30 -5:00 only **

Lane County (Oregon)

Mission Statement:  The Lane County Law Library is dedicated to providing a high-level of service to all members of the community. As part of this mission, the Law Library strives to provide access to legal materials and related resources needed for legal research by members of the bar, the judiciary and the public.

Vision Statement:  The Law Library will be recognized within Lane County as a major contributor to programs providing access to and use of legal resources.

Allegheny County (Pennsylvania)*


The Center for Legal Information advances the effective and efficient legal research competencies of the law school’s faculty and students, the local legal community, and the general public in a collaborative community environment.
(Joint partnership with Duquesne University Center for Legal Information)

Philadelphia County (Pennsylvania)*


** AKA “Jenkins Law Library” – Member Library… Not Public**
Our mission: Since its founding in 1802, the Jenkins Law Library has been dedicated to bringing people and information together within the legal community. As the nation’s oldest law library, it is committed to providing value through its outstanding service, comprehensive access to legal and other information, relevant educational programs, the latest technologies, and a hospitable place to work and visit.
Our vision: Jenkins Law Library will be seen as a destination to an ever expanding clientele, as a result of innovation and adherence to an excellence in maintaining, preserving and providing access to legal information by the public and legal communities.


Bexar County (Texas)*


The Bexar County Law Library provides the bench, bar, governmental agencies and the public with cost-effective access to the most recent statutes, case law and the best available commentary regarding legal issues.


Cameron County (Texas)


The Cameron County Law Library’s mission is to provide access to legal information to the citizens of Cameron County in ways that are reliable, efficient, respectful, innovative and economical.


Collin County (Texas)


The Law Library’s mission is to serve at a place that is both convenient and accessible and to maintain a legal reference for the judges, litigants, and residents of Collin County. The Law Library Fund is provided by fees collected in connection with civil suit filings.

Dallas County (Texas)*


None found

Grayson County (Texas)


The mission of the Grayson County law Library is to provide specialized legal reference resources in a variety of formats to the legal community, litigants, and residents of Grayson County, TX.

Harris County (Texas)*


None found


Hidalgo County (Texas)


The Hidalgo County Law Library’s mission is to provide access to information on legal research for the Judiciary, State, and County Officials, Members of the State and Local Bar Associates, and all Citizens of Hidalgo County with the best collection of law books and services available.

Tarrant County (Texas)*


The Tarrant County Law Library serves the legal research needs of the Tarrant County legal community and the general public.

Fairfax County (Virginia)*

To Promote Justice by Providing All Citizens with Access to Legal Information.

The Fairfax Public Law Library provides citizens with access to information about laws and legal procedures. Its resources include more than 35,000 books and legal periodicals as well as several public computer research terminals. The legal resources available in the law library are not available to the public at any other single location within the County of Fairfax. Although staff may not offer legal advice, they provide bibliographic instruction and assist more than 70,000 patrons each year in locating legal information and sample legal forms. The library is available to all, including members of the general public, members of the legal profession, and public officials such as judges, prosecutors, and public defenders. The Fairfax Public Law Library is a critical component of the county’s efforts to provide meaningful access to justice.

King County (Washington)*

The Public Law Library of King County serves the legal and law related information needs of the county, including the judges, county officials, members of the Bar and other county residents. The Public Law Library cooperates with the community to enhance knowledge of the law and to facilitate access to the justice system.

The Public Law Library will be conducted as statutorily directed in a fair, honest and courteous manner while avoiding debt and extravagance. The Public Law Library’s goal shall be to exceed user expectations by reason of superior performance and dedication by the Public Law Library’s employees.

Pierce County (Washington)

The mission of the Pierce County Law Library is to provide legal information services to the bench, bar, state and local governments and the public to assist them in their efforts to use the legal system effectively. Our mission is also to provide trained and knowledgeable Library staff to assist patrons in meeting their legal information needs.

Ron Freidmann recently posted a question about why lawyers and their clients avoid defining customer service. I posted a comment about ‘fear of accountability’ which got me thinking about why lawyers avoid accountability.
Too many times I have seen good, great and excellent ideas die at law firms based on the fact that they would require action and accountability by the firm’s lawyers. Many times these failures are chalked up to the “non-billable effect” since any projects that require lawyers to spend any non-billable time are doomed to failure.
Most law firm leadership has the authority to mandate such efforts and overcome the non-billable time issue. However, law firms generally avoid taking such steps. Occasionally firms do mandate certain tasks. But this is done sparingly and is usually focused on a project near and dear to the Managing Partner’s heart.
One might argue this approach makes good business sense since it minimizes lost revenue. I suggest though the reason lies a bit deeper. At a prior firm – I constantly struggled with the fact that leadership barley discussed profitability, let alone considered holding partners accountable for it. The reasoning here is that profitability will be divisive, pitting partners against each. This may be true, but how long can firms go on avoiding this necessary and basic business question?
In my (somewhat humble) opinion, I believe this inability to face accountability is the product of reputation fear. Accountability means you will be held accountable by your peers. And when you fail to meet any real or perceived goal, your reputation will suffer. If your practice comes in unprofitable, then your reputation as a firm partner will be tarnished. And the likelihood of having an unprofitable month or quarter at some point is close to 100%.
Why would reputation matter so much? Because reputation is everything to a lawyer. Their entire careers are built on their reputations as great lawyers. Risking that reputation makes no sense at all to them. So they are locked in a lose-lose situation.
The reality is there are excellent lawyers who aren’t profitable – but only because project management, or some variation of that, is not their strength. We don’t expect a brain surgeon to be great at P&L. So why does our profession require lawyers to be great at everything and not just practicing law?
I suspect it’s because for so long lawyers have held themselves above the masses. To maintain their reputation they feel the need to be perceived as “The Best” regardless of the subject. This arrogance may well become their Achilles’ heel. I do not see a clear path to solve this problem for firms, but they really need to find one.
The sad irony is that this fear and arrogance are actually harming lawyers’ reputations. Their unwillingness/inability to face pressing issues and resolve them is leading to broken trust with clients. And this trust is key to the future of their business. In time we’ll see how the jury rules on this.
(Image [cc] andrewb47)

After a solid week in hot and humid Philadelphia, it is great to be back in Houston where the weather is supposed to be hot and humid, plus we are all awaiting Tropical Storm Don’s approach in the next few days. At least it is now Thursday and that means that it is Elephant Post day and only one more day until the weekend!!

This week’s question focused on “The Great Recessions” affects on your job. Many of us could answer this with one sentence: “I have to do more, with less.” However, there are other aspects of a huge downturn that cause changes in the way you do business that actually are good changes. For example, I know that many law firms gave lip-service to Knowledge Management projects that would improve the way we conduct business for our clients before the downturn, but actually implemented some of these processes once the clients demanded they do so or lose their business.

Thanks to those that contributed this week. The Elephant Post series works because it allows us to hear from our peers’ perspectives and even from those that we might not hear otherwise. Toby Brown, Scott Preston and I gave a lunchtime presentation at the Private Law Libraries Special Interest Section’s Summit on the value that is brought from expanding your professional circles, and listening to the perspectives of others.
We’re doing this again next week, and we are actually giving you a second change at the Brass Ring. We’d like for you to go through some of the old Elephant Posts and give your perspective on a question that you “almost answer!” So, after you read through this week’s answers, scroll on down and answer that one question that still sticks in your mind. It will make all of us feel better when you do!!

Danny “The Kid” Johnson
Legal Technology

I work in the Cloud which is semi counter cyclical; thus, I’ve gotten busier during this recession. I don’t think people are doing more with less but rather doing more with new tools, e.g. cloud technology. Wall Street is validating all of this by investing heavily in cloud and social startups.

Toby Brown
AFA

My job and duties changed dramatically as a result of the downturn since AFA job functions didn’t really exist prior to that.  Additionally my job as an “AFA Guy” changes almost weekly.    Fortunately these changes all worked in my favor.  Before I was managing known projects using established technology.  Now I am being thrown new and interesting challenges everyday, scrambling for the right tools and resources – which is kind of fun.

Pat Orr
Law Firm Librarian

I’ve added accounts-payable wizard to my resume, because we lost our full time acquisitions clerk. We share a clerk with Professional Support, which is better than having to do all the invoice payment tasks.  Preparing and analyzing database use reports is something I do more frequently; monthly rather than quarterly.  I think these changes have become status quo; we’ve adapted.  I suspect there will be more to come.

Bail Bondsman in Las Vegas
Bail Bonds Agent

I’m still working as both a real estate agent and bail bondsman, but I can tell you for certain that I’ve changed my buying habits.  I nitpick every grocery store item (i.e. price per oz, etc.) and I put in extra hours at work to save for the “just in case” moments in this economically anemic environment.  I don’t use credit in business or pleasure.  If it’s not cash on hand or in the bank, I don’t spend period.  I’ve had to be humbled somewhat in the past 4 years, so I’m going old school 1940’s frugal up in here.

Corinne Tampas
Attorney

Yes. I believe that this is actually a time of opportunity. In my case, I have made two big changes.   The first change concerns additional training in mediation and arbitration as courtrooms are being closed almost everywhere because of budget constraints. Civil matters will be pushed back even further and whether ADR is ordered or not, litigants are going to want to resolve disputes sooner rather than later. Moreover, it is more cost effective.  The second change concerns reading just about everything on LPM ever written. In a previous life, I was a building contractor (with an MBA), so I understand scheduling. The same principles can be used in litigation, especially in the discovery process. Frankly, I do not know where I am going with this, but it is going to be hot. I just know it.  Regardless, clients are changing what they expect from lawyers, they want more bang for the buck, and I want to help them get it.

Next Week’s Elephant Post:

What Elephant Post Question Did You Almost Answer?

A week does not go by where I don’t hear from someone that says “aww man, I almost answered last week’s Elephant Post question.” So, for those of you that have ever said this, here’s your chance for redemption. Go skim a few of the old Elephant Post questions and find one (or three or four…) that you would like another chance to answer.


A new conundrum past my plate today.

Do you place an apostrophe to create a possessive after a trademarked name?
I’m sure a few of you are thinking, “who the heck gives a crud about this kind of stuff?”
This is one of the few instances when intellectual property attorneys and marketers share common ground.
IP lawyers say that trademarked names act as adjectives to a product and, therefore, cannot be made possessive. If a trademarked name is treated as a noun, the trademark could be rendered useless.
Branding aficionados and writers agree: don’t dilute the brand. And putting an apostrophe after a registration mark or trademark just looks weird.
So don’t write:
“LinkedIn®’s professional networking site is outpacing other job board sites.”
Instead write:
“Professional networking site LinkedIn® is outpacing other job board sites.”
No, this isn’t the beginning of a bad lawyer joke. It was the beginning of a beautiful relationship with Texas’s many bar associations.
Thanks to our Facebook relationship, I had the opportunity to share the stage at the Texas Bar Leaders Conference with the Texas State Bar’s social media whiz, John Sirman.
He’s a lawyer/webbie, just like me! It is always great to talk to someone who knows the angst of covering all of the web fronts of large institution. And we gave away a few of our social media secrets to Texas Bar leaders.
It was a great opportunity to meet lawyers from all across Texas and come up with easier, faster ways to share ideas between bar associations and replicate successes across the state.
We talked a lot about hash tags and how important it is to make them early and use them through out an entire campaign’s life.
It was a privilege to present to the group and I really enjoyed meeting some great folks from all of the bar associations across Texas.
If anyone has any questions about my presentation, feel free to reach out to me.

A couple of weeks ago, I wrote about the differences between information and knowledge and the categorical mistake that even many KMers make by conflating the two. However, knowledge is often further sub-categorized into two realms, tacit knowledge and explicit knowledge. These can also get kind of confusing. Tacit knowledge exists only in the minds of the knowledgeable. It includes memories, ideas, concepts, and understandings. Explicit knowledge gets tricky because it is also a type of information. It’s a record of tacit knowledge which can be stored and retrieved just like any other type of information. Confusing, right? I’ll illustrate my point with the following scenario: You’ve racked up a large set of expenses on a recent business trip and you want to be reimbursed by your company. So you call Ted, the Accounting Manager at your firm, and ask him what steps you need to take to be reimbursed by the firm. Ted, explains that you need to fill out a reimbursement form, get it signed by a manager, and send the form, along with a copy of your receipts to the accounting department to be processed. You should receive your check in 4 to 6 weeks. “Oh, and by the way,” Ted says, “you can always go to http://reimburseme.myfirm.com to see these steps again.” You thank Ted, fill out your form and in 8 weeks you get your check. In this anecdote we have clear examples of tacit knowledge, explicit knowledge, and information.

  • Ted’s knowledge of the necessary steps to get reimbursed constitute tacit knowledge. It exists only in Ted’s memory and it is only retrievable by speaking directly with Ted. (Or someone else with the same tacit knowledge.)
  • Ted’s tacit knowledge has been transformed into explicit knowledge by recording the steps on the website. That explicit knowledge is information that is available and retrievable by anyone in the firm at any time.
  • The filled-out reimbursement form that you send along to accounting is not itself knowledge, it doesn’t describe a process and isn’t in any way actionable, it is simply information.

In my earlier post I described the DMS and Enterprise Search as primarily information management tools. They allow you to store and retrieve information across the firm. Since explicit knowledge can take the form of recorded information, it can also be stored in the DMS or on a webpage and can be retrieved with Enterprise Search tools. No one questions the business value of a document management system and most firms have some form of enterprise search in place to find information and explicit knowledge. But the vast majority of the knowledge that exists in any firm, is tacit . It’s only in the minds of your knowledgeable employees. Often, they don’t have time, nor the inclination, nor the incentive to transform their tacit knowledge into explicit knowledge and consequently that knowledge is only available to themselves and to their immediate circle of coworkers. Enter Social Networking tools. SN tools turn tacit knowledge into explicit knowledge that is storable, retrievable, and searchable. If Ted in Accounting is keeping a blog of the goings-on in his department, then a simple search can indicate to Alice in HR that accounting has dealt with an issue similar to the one currently vexing her department. The ESN tools have made knowledge, that would have otherwise remained tacit, explicit. Alice talks to Ted, learns from his experience, and solves her problem faster. Time, money, and resources saved. Bigger bonuses for everybody. But here is what I believe to be the definitive business case for ESN. These tools not only constitute a modern communications infrastructure, and near-magically turn tacit knowledge into explicit knowledge, they are also the equivalent of direct enterprise search for tacit knowledge locked in the minds of your employees. An in-house micro-blogging solution with moderate participation allows employees to mine the tacit knowledge of their co-workers across the enterprise. Even if Ted in Accounting isn’t keeping a blog record of his department’s activities, the micro-blog allows Alice in HR to find Ted’s tacit knowledge by asking simple questions: “Has anyone had a problem like this? How did you deal with it?” Even if Ted hasn’t jumped on the micro-blog bandwagon, someone in his circle of co-workers may see Alice’s question and point her to Ted. Alice has in effect searched the tacit knowledge of the firm and by doing so has created a bit of explicit knowledge that Ted in accounting is knowledgeable on a particular subject. If Ted jumps on board and answers Alice’s inquiry on the micro-blog network, or writes a full blog entry, or creates a wiki-page, then Ted’s tacit knowledge is now explicit and available to the entire firm. The ability to search the tacit knowledge of your staff and to simultaneously turn that tacit knowledge into explicit knowledge for future use. How’s that for a business case?

After my fourth straight day of non-stop AALL conference running around, I’m running on fumes and having a blast talking with my colleagues. I’ve talked about blogging… I’ve talked about law firm management… I’ve talked about my new projects… and I’ve shared my opinion while listening to the opinions of others. As with most of the conferences you go to, it isn’t the programming that makes a lasting impression, it is usually the people you meet that sets the stage for the years to come.

One of the best things that I like about the conferences is when someone comes up to you and says something like “I heard you say ____, and I have to say that I disagree with what you said.” Maybe some people get offended, or throw up their shields and get defensive at hearing those words, but I have to say that I see them as an opportunity to have a great discussion with someone, as well as a reassurance that at least one person was actually listening to me when I was talking – sometimes you just aren’t sure if they are simply checking email and zoning you out.

When someone takes the time to come up and debate you on something you’ve said, or maybe even something you’ve written over the past year, it gives you a chance to further the discussion. Perhaps you just need to clarify your thinking behind the topic, or perhaps you need to explain some additional facts that the person may have missed, or facts you forgot to place into evidence at the time. However, that may simply end the topic if there is just a misunderstanding. What I really like is when someone comes up to you and really shows that you’ve made a major mistake, or there is a flaw in your argument, or better yet, that they have a completely different perspective than you and it may turn out that both of you are right… or maybe both of you are wrong. Either way, it helps continue the topic and allows you to really see something from a perspective you may otherwise have never thought of.

So, if you see me walking around the AALL floor in Philly over the next couple of days, don’t be afraid to come up and point out something that you think I got wrong. I’ll at least have fun talking with you about it, even if it turns out I wasn’t wrong… but simply mistaken.

Can’t make it to Philly, or decided that the 102 degree heat is too much to attend the AALL conference? You can still get a taste of the conference through the Association’s webcasts. I suggest that everyone that is interested with the vendor relations tune in on Monday for the CRIV & Vendor Colloquium discussion (I’ll be on that panel!) If you are going, make sure you track me down and say “Hi!”

Here are the instructions.
AALL kicks off its 104th Annual Meeting and Conference in Philadelphia this weekend, and even if you can’t be there in person, you can get a sample of each day’s offerings. The following programs will be webcast live (please note that all times are Eastern Daylight Time):

In addition to these educational programs, we will webcast live the Committee on Relations with Information Vendors (CRIV) Vendor Roundtable: Putting ACTION into the Vendor Colloquium Action Plan on Monday, July 25, at 12-1:15 p.m. (EDT). Join a CRIV roundtable discussion on the action plan and shared principles developed as a result of AALL’s Vendor Colloquium, “Creating, Disseminating, Using, and Preserving Legal Information in Challenging Times.” Member input is critical to the success of the plan. Be a part of what should be a lively discussion on AALL and vendor relations.

You can access the webcasts via the links above or by finding the programs on AALL2go, your online center for professional development. If you can’t watch the programs live, archived webcasts of the programs will be available free to members after the conference. Follow the buzz on Twitter at #aall11, too! Whether you’re attending our conference in Philly or tending to your job back at the office, you can be part of the audience.