Last week someone tweeted a link to an article called “Who owns knowledge?” Fascinating title, right up my alley, couldn’t wait to read it. So I clicked away to the page hoping to find the answer to this esoteric question. Of course, the article was actually about copyright on legal documents, and it’s a great article, raising a very interesting question in this time of Super Lateral Musical Chairs. However, I was so disappointed to get to the end without a single mention of knowledge ownership. The author made a categorical mistake that is quite common, even amongst KMers. Knowledge and Information are not equivalent. Data is to Information as Information is to Knowledge. Data is discrete objective facts or symbols, Information comes from analyzing or giving context to data, Knowledge is an understanding of how to use information in the real world. Or something like that. Templates and Precedents fall firmly in the information category, not Knowledge. We can argue about “who owns information?” But Knowledge is free, as in speech. You can not own it. (About 50 IP attorneys just got their word processors fired up to educate me on patent litigation. Bring it on!) Which brings me to the real focus of my post. Legal KMers especially, spend a lot of time focusing on Information Management under the guise of KM. DMS, Dashboards, Enterprise Search, these are all important information repositories. KMers should absolutely be involved in implementing, maintaining, and developing these resources, but when it comes to Information Management, KM should take a back seat to IT. IT has been doing these same things for 20 years already, let them do their job. As any good KMer does, I’m continually refining my KM definition. (Does any other profession expend so much energy defining itself?) Currently, it’s “building cultural and technological structures to facilitate knowledge transfer, through communication and collaboration.” Eh. It’s a moving target. The point is, I think KM needs to be focused on Knowledge Transference, rather than Information Management. If we look at the meatspace equivalent of our technologies, you can immediately see what I’m talking about. DMS is like a filing cabinet– you browse through it to find a document that you or someone else placed in it earlier. You put information into it, and you get information out of it, but it works just as well if you are the only one using it. Dashboards are the equivalent of physical bulletin boards – you can glance at them and see what’s new or what’s going on, but they’re unidirectional. You get information from them, but don’t really add anything to them. Enterprise Search is the equivalent of digging through the pile of papers on your desk yelling, “Where did that go?! It was here just a moment ago!” You get the idea. Knowledge Transference, on the other hand, is fundamentally a social activity. It takes place between two or more human beings. Historically we have done this through storytelling – fables, myths, parables – often told while sitting around a fire at the end of the day, gnawing on the hind quarters of a rodent. We like to think of ourselves as a highly evolved, technologically advanced species of super humans. But the truth is, our brains work exactly the same as they did a hundred thousand years ago. Technology gives us better ways to handle and manage information, but knowledge is still primarily transferred through stories, person to person. Today these stories are more likely to be told in classrooms, or through mentorships, as jokes at the bar, or by CEO addressing his employees around the world via teleconference. But they’re still just stories from one human being to another, passing on nuggets of understanding about a personal response to particular stimuli. The recipient of those nuggets is then equipped to evaluate that information when they find themselves responding to similar stimuli at a later time. And thus the knowledge has been passed. I think KM should be laser-focused on facilitating storytelling in all of its various forms in the workplace. That means advocating for communal, collaborative spaces to be added during a remodel. It means holding meet-ups, or Knowledge Café’s, to discuss a particular topic relevant to your organization . It means developing mentorship programs or convincing management to hold regular conversations in the auditorium. But if your organization is decentralized and spread across the planet, it means building virtual community rooms and collaborative spaces. (You knew I would get to my cause célèbre eventually.) Knowledge Transference in the 21st century enterprise absolutely requires internal (Big S) Social technology. Looking at these Social technologies using the meatspace technique I used earlier, the difference between Information Management and Knowledge Transference becomes clear. Blogging is the equivalent of a business leader talking to an auditorium full of employees and then taking all questions and comments. Micro-blogging is walking into the break room, finding a group of people and sitting down to discuss what you’re working on, except in a way that everyone else working on something similar can learn from that conversation. Wikis are like gathering around the conference table and hashing out an idea, except the conference table is big enough for the entire company to sit in on the meeting. These technologies are not answers in and of themselves. Adopting them won’t inherently make your organization a better organization. In fact, they will create new problems even as they solve some old ones. But adopting these tools, learning to use them effectively, and taking advantage of the benefits they can provide, will give your organization a fighting chance to survive in a world that is moving faster than you can possibly keep up via email and telephone. Knowledge Management is, I think, about helping your company take advantage of these new technologies to tell stories better and maybe a little bit about managing information.

You’ve seen me write about mobile payments making their way into American culture. Curious, I had to see how it worked.
Lucky for me and $tarbucks (rhymes with Daddy Warbucks), I have $20 biweekly habit that I can tightly monitor with Starbucks’ mobile application. It is available for blackberries, ipads, iphones and androids.
Yep. Starbucks has a mobile application for all of their coffee addicts. It’s been in place for about nine months or so, beating Google Wallet and everyone else to the mobile payment punch.
At first, I was all, “why in the world would I want to download an app for coffee?”
Well, I will tell you why:
  1. When I leave my office to grab my afternoon fix, I don’t have to carry my purse with my wallet that holds my credit card and Starbucks card.
  2. I can budget my coffee addiction allotment.
  3. The app collects and monitors my rewards—no more carrying around the infamously loseable Starbucks Card.
  4. In the event I am traveling, it loads up the closest Starbucks for my drinking pleasure.
  5. I get to look cool when I whip out my phone to pay.
So basically, after I downloaded the app to my iPhone, I went to my friendly, neighborhood barista, handed him my credit card and asked him to put $20 bucks on my card.
Alternatively, I could have also gone to www.starbucks.com/card and set up my card for auto-reload once it is depleted. Being the junkie that I am, I declined that opportunity—see, I can exhibit some self control!
They take Visa, MasterCard, Discover, American Express and PayPal.
Once loaded up, I then order my usual—a grande non-fat latte, one pink, one blue—and hold up my phone to the little thing-a-ma-bob. It reads a little UPC-like code on my phone and, voila, the amount is magically deducted from my mobile app. I can switch immediately to the rewards section and see that I got a gold star added to my rewards.
So, see, it’s not so scary. And it is manageable. And secure, since I set a PIN on the account.
Be not afraid. Mobile payments aren’t so scary after all. Just me without my coffee.

I’ve always tended to chuckle whenever I follow a conference hashtag on Twitter because there are just so many little cliches that fit in 140 characters or less, and the tweets tend to end up looking like something you’d find on a sign outside a church. To be fair, it usually isn’t the person tweeting the comment that is responsible for the message… they tend to be tweeting one of those zippy little remarks from the speaker. Today I’ve been following the American Library Association meeting (#ALA11) and though of a good business plan for how to handle those hashtag quotes in a more appropriate way.

There’s a website that I just Googled called Says-It  that allows you to make your own virtual signs. Now, if I can just convince them to set up a feed that allows you to plug in a hashtag, and any resulting tweets would appear with a random church sign, that would be awesome! It would be a lot of images coming in through your browser, but I think it has the desired effect I’m looking for.

Here’s a template of what I’m talking about (I picked on ALA11, but I’ve seen this happen in almost every conference that has a hashtag!)

Enjoy:

Two different NYT stories caused me to start thinking about crowdsourcing: World War II Mystery Solved in a Few Hours and Identifying Looters and Lovers in Vancouver’s Riot. In both instances, photos were posted online to help identify people who held themselves out in a public manner and whose actions were memorialized by photos. In a matter of hours, people began identifying those caught in the act. So it makes me wonder: perhaps George Orwell had it wrong. There’s no one Big Brother. There are Big Brothers and Sisters. B2S, if you will. Don’t know if I like that so much. Its bad enough being a Catholic and being guilted by the possibility of Big Eye in the Sky. It’s like I’ve said before—privacy is heading out the door …     Men are only as good as their technical development allows them to be. George Orwell

I knew this morning that I felt a blog post coming on… (it’s a little like a cold with less sneezing)

Does everybody know this trick? Maybe I’m the last one to figure it out…either way, it’s a good one! I didn’t want to pick on anyone so I’ve redacted this, hope it still makes sense.

How to find LinkedIn names where you see only the person’s title.

 1. Search LinkedIn by title and company.

  2. Oops, not everyone’s name shows up in search results. Hm, what to do…?

 
3. Google it! Search the person’s title from LinkedIn (quotated works best) and more often than not Google will return the name that LinkedIn disguised.

 
Happy searching!

One of my favorites apps these days is my GoodReads app.

I finally broke down and bought an iPhone, I am the first of the three Geeks to own one. Don’t ask me why I waited so long. I don’t know why. Well, I do. I’m cheap and my firm wasn’t going to pay for it.

Finally deciding that, hey, I’m in charge of social media at my firm; so, doggone it, I’m getting an iPhone. Plus I was sick and tired of my Torch’s flaming out on me.

Within 3 days I was hooked. I had managed to watch a movie, a tv show, read a book and make a date all on one device. And why didn’t anyone tell me that the sound quality is FANTASTIC?!? All of my music sounds like a symphony inside my head.

Anyhow, back to GoodReads.

For those of you who don’t know, there are two major social book sites: Shelfari and GoodReads.

For a long time I was a Shelfari fan because I liked their virtual bookshelf that I could post to my personal blog. But after they upgraded to allow you integrate it with your Amazon account (they are owned by Amazon), the creep factor pushed me away.

That’s when I made the switch to GoodReads. And when I found out that GoodReads had an iPhone app, well, I was totally down with that. 

So I devoted an entire week-end of moving my Shelfari catalog to my GoodReads account. I had always had an account on both, but let the GoodReads languish. With an easy import of the Shelfari .csv file into GoodReads, the inner librarian came out in me and I was able to categorize my books to my heart’s content.

But the GoodReads app—the app!—is nothing short of amazing.

Not only does it follow your friends’ reads, reviews and status reports, you can read the great classics for free.

Right now I’m reading Oscar Wilde’s “Picture of Dorian Gray.” The functionality of the reader is awesome—just as good as Kindle’s app.

But the best part of the app? The barcode scan.

Click the button, hold your phone up to the barcode of the latest book that you are reading and it automatically uploads the book to your catalog. OMG. The OCD in me was in heaven … I uploaded 100 books in an hour. Crazy fun.

And if you are worried that this post has nothing to do with work, there’s a whole section on law books. I added all of my tomes to that section.

[Image (CC) nhanusek]

We love looking at new products and hearing about products from our peers. This week we decided to try to urge some peers to chime in on the Elephant Post and let us know of some products they’ve been looking at, and though we should as well. We have a few, but I know there are a lot of new products out there, so if you didn’t get a chance to add it, feel free to put it in the comments (and I might even go ahead and add it to the main section if warranted!)

Enjoy this week’s Elephant Post, and don’t forget to look at next week’s question listed below. We want to get your perspective on those Social Media Consultants and see what you think about hiring them to help create your firm’s social media strategies. I’m really looking forward to seeing the different perspectives on this one!

John Gillies
KM lawyer
Kiiac

While we are essentially still in early days with the product, I can see that Kiiac is very effective in (a) taking a mass of documents of a particular type and identifying whether they have been drafted in a consistent manner, (b) producing a template document that can be used as a firm precedent, (c) reviewing the various ways that particular clauses have been drafted across the data set, (d) benchmarking specific documents against the template, and (e) keeping precedents “green.”

Assuming that you have been careful in the steps leading up to creating your template, the benchmarking tool can be of particular benefit when reviewing the first draft of an agreement. (Precedents are fine for half of the engagements where your firm is preparing the first draft, but of marginal utility if you are on the receiving end, because of the variability in how agreements are put together.)

The most important aspect, though, at least in my view, is how it can help lawyers focus on the need for organizational clarity when drafting. By aggregating the firm’s work product, it enables you to analyze the firm’s end product in a way that would be unattainable otherwise.

Steven B. Levy
Author, teacher, consultant
The Off Switch

When you’re in a meeting, turn off the Blackberry, turn off EMail, even turn off your computer unless you’re really, really taking notes on it. When you’re with family, turn off your electronic tether.

Life not only will go on… but you’ll be a part of it once again.

Toby Brown
AFA/KM
Lexis Search Advantage Matter Experience

Analysis KM IS the future.  And since I have previously mentioned Kingsley Martin’s KIIAC product on this topic numerous times, I thought I would point out the Lexis Search Advantage Matter Experience (LSA ME) system on the Elephant.  For some time the LSA product has been moving in a KM analysis direction, being able to analyze and determine document types.  This year Lexis rolled out the Matter Experience module of LSA.  The LSA ME system (in addition to having a laborious long name) takes the analysis concept a step further.  One of the biggest challenges for implementing AFAs is understanding the cost of services being provided.  To address this challenge, LSA ME analyzes time entries and documents and then provides valuable meta data about these BLOBs (http://en.wikipedia.org/wiki/BLOB).

First – The system can determine matter types.  Traditionally the most popular matter type used by firms is something like “General Representation.”  When needing to analyze current and past matters for billing and cost knowledge, this lack of useful matter-type data is quite problematic.  Knowing which matters are “Single Plaintiff Employment Litigation” is a huge step in getting your arms around billing knowledge.

Second – LSA ME analyzes time entries and programatically codes them with whatever task code schema you chose.  With this metadata in place, you can begin to understand your billing knowledge with increasing levels of detail.  You will begin to see fees (a.k.a. your cost of production) by stage and task.  With this knowledge, a firm’s ability to price and maintain margins jumps.

Will this new meta data be perfect?  Of course not. More importantly it will be consistent.  In a perfect world we might expect humans to actually input this data when opening and maintaining matters.  But humans are notoriously inconsistent when it comes to data entry.  Computers are not.

LSA ME is a good example of emerging Analysis KM.   Check it out.

Lihsa
Online Marketer
LawyerUp

Okay, I don’t really like it. Nor do I need it. Truly.

I just thought it was hilariously appealing and allowed me to pay attention to a sector of lawyers with whom I usually do not engage: the criminal defense attorney.

LawyerUp is an android app–seriously, they developed the Android app before they developed either an iPhone or Blackberry app–that allows subscribers to literally have a lawyer at their fingertips in the event they are arrested.

You can get a family plan for $9.95 a month. Bear in mind that I am not sure how they define “family”.  Individual plans are also available.

LawyerUp is based in Connecticut and Rhode Island, so legal aid is limited to these states.

Lawyers and subscribers are pre-screened so that when you are in the clink and make your one phone call, you hit the app and LawyerUp dispatches an attorney to start working for you within 15 minutes.

So. Question: does a push of an app qualify as one phone call? Or can you still call your mom too?

Scott Preston
IT Guy
Yammer

I really believe it is time for law firms to start embracing social communities in a much more fluid way.  Yammer is a very simple product that allows a firm to have a private social community based on the firm’s domain name.  You can share info within your  own organization which is very useful, but Yammer also has the concept of communities that allow individuals outside of the law firm’s domain to also participate in a dialogue.  Yammer also has an ability to integrate twitter within the product simply by including the #yam tag any tweets will also show up in your yammer dialogues.

Greg Lambert
Library/Records Guy
AdvologixPM

We were having dinner with the Advologix guys last night and to watch how this company has grown to integrate Practice Management Software into law firms, big and small, and into company legal groups has been something to see. Built on the Salesforce.com platform, this cloud-based Practice Management tool is fast, scalable, and is a great resource for everything from time entry and billing, contact and client relationship management, client intake, calendaring, workflow automation, and much more.

Definitely worth a look if you are wanting to better manage your firm’s business processes, and don’t want to overload your IT staff or computer network.

Next Week’s Elephant Post

Would You Hire a Social Media Consultant (AKA “Guru”) to Advise Your Firm on SM Strategies? Why or Why Not??

I think this question pretty much stands on its own. Law firms are slowly realizing that there is “opportunity” in the social media realm, but as with many things, they just don’t know where to start, and they usually don’t believe that their existing staff has the expertise to advise them properly. Thus, enter the Social Media Guru Consultant. Some love ’em, some  hate ’em, but they seem to be doing a pretty good job of getting hired to come in and advise firms on social media policies and procedures.

So, would you hire one? Why or Why Not?? (I’m looking forward to seeing both sides of this debate.)

As the school year ended, I told my three daughters that I was going to cancel the cable subscriptions because I didn’t want them sitting in front of the TV all Summer watching The Disney Channel or Nickelodeon. However, like most of my home projects, I haven’t followed through on my promise. Instead, we’ve been addicted to the show The Voice, and we’ve been spending our “family time” discussing Christina Aguilera’s ability to look like Betty Boop characters and Ce Lo Green’s choice in sunglasses. Oh, we’ve also been discussing the talent on the show as well. The initial idea behind The Voice was to take unsigned talent and judge them by their skills as a singer, not by their looks. Although as the show has progressed, it seems that there is some judging on “showmanship,” what actually caught me off-guard last night and this morning was that “unsigned” didn’t mean “never signed.” Some of the talent is getting a “second chance” at grabbing the music industry’s brass ring. It was this “second-chance” aspect that got me thinking about projects that failed, but may still be worth giving another chance to see if maybe the time is right for a comeback. As usual, you’re going to have to stick with me for a minute as I try to draw this parallel between musicians and legal projects.

Two of the most polished singers on The Voice, Dia Frampton and Javier Colon, aren’t amateurs. Not only have they been signed by major record labels, but both have released multiple CDs, all to limited fanfare, and then they were dumped by their record labels. (See Javier’s and Dia’s work under their band names, Javier and Meg & Dia.)

It’s a common story… great talent gets you so far, but without the proper planning and support, even the best talent can go unnoticed and end up labeled as a failure. Sound eerily similar to some of the KM, IT, Library, Biz Dev, CI, and so on and so forth, projects that are given their initial chance in the law firm. Inevitably, some of these projects aren’t given the support they need (adequate funding, equipment, personnel, etc), or the planning is so poor that they fail (lack of proper environmental testing, rolled out to the wrong group, etc.) Although there are many projects that fail because they are “bad projects,” there are many “great projects” that fail because the people supporting the projects have failed in their support.

So, just like Dia and Javier, are some of these failed projects worth another chance? Perhaps some of those projects were ahead of their time (meaning your firm just wasn’t ready for them two years ago, but perhaps now they are.) Perhaps some of those projects took a hit when the great recession hit in 2007-2008, and now that business is picking back up, it is time to give those failed projects a second chance.

The biggest hurdle on giving something a second chance is overcoming the fact that they failed in the first place. Maybe, as with the premise of The Voice, you should have a little selective ignorance of what happened in the past, and listen to the value of the project in the here and now. Perhaps you’ll turn your chair around on a worthwhile project and wonder how you let it fail in the first place.

Just for a little fun, here’s a couple of videos from Dia Frampton… the first one, Monster, was a failure, and the second one, Heartless, seems to show that sometimes things are worth giving a second chance.

Monster (Meg & Dia) – Labeled a Failure


Heartless – Worth A Second Chance?

For the last few weeks, I’ve been on iTunesU listening to Human Behavioral Biology lectures by Robert Sapolsky at Stanford University. (Why, what do you listen to while jogging?) It’s a fascinating subject and Sapolsky is an incredible lecturer, I highly recommend the course if you’re interested in such things. On Saturday, I listened to the lecture on Language where he gave a brief history of the development of Nicaraguan Sign Language (ISN) and suddenly I saw the fundamental shift that we’re currently undergoing in the workplace in an entirely different light.
In the late 1970s, Nicaragua began to school deaf children in their country for the first time. Before that, each child grew up speaking primarily to their own family using a variety of unique signs and gestures. When the school brought these kids together and tried to teach them to lip-read Spanish, they made little progress. The teachers had a difficult time communicating with their students and the students just didn’t seem to learn. However, the teachers soon realized that the students were communicating fluently with each other in a language that the teachers couldn’t understand. The school called in linguists to help decipher the children’s language. Consequently, the development and evolution of this brand new language is thoroughly documented. Not only did children create it, but they continued to develop it. After three or four generations, the children who had originally created the language had trouble understanding the much more complex language developed by the younger children. Today, ISN is an internationally recognized form of sign language, with all the hallmarks of any language, including rules of grammar. Without an authority teaching them the “right” way to communicate, these children had created a communication system that worked for them. As Sapolsky said in his lecture, “New languages are created by children.”
For another, more immediate example, see textspeak. The language, again, created by children for sending messages to each other using the Short Message Service (SMS) on their mobile phones. SMS was created by the mobile carriers as an addon to their voice services. They expected people to use the service like a short version of email. “Don’t forget the milk.” The messages were limited in length and the phone keypads were difficult to type on. Most adults looked at SMS, sent a message or two and gave up, it was a pain in the butt to use, it was much easier to just call the person. It was the kids who realized you didn’t need to spell out every single word. They began to use number and symbol replacements like, “b4” and “I <3 u”, and they agreed upon abbreviations like LOL, FWIW, IMHO, ROTFL* to replace whole phrases. Today, what began as a kids language to communicate using a rudimentary SMS protocol over the phone network lives on in Twitter, where it has been further developed to include conventions like @mentions and #hashtags. This short messaging is becoming it’s own language, again largely developed by young people, if not by children.
Which brings us to a wider view of online social communication in the early 21st century. We call this Social Media, or Social Networking. By giving it a label merging concepts we understand, we can kind of comprehend it. But in reality, what we call Social Networking, is the birth of a new language, or meta-language, called Social. It’s a new way of communicating, with its own vocabulary and grammar. Just as you can learn to speak Italian at 40, you can learn Social at any age, but it takes work and a lot of you will not be willing to devote the time necessary to become conversant, let alone fluent in the language. Your children and grandchildren, however, created this language and they are developing it. They and their children will be native speakers. They will use this language in ways that we can’t even comprehend. Be assured they will live their lives online with Social as their primary language. They will raise their children with this language, and more to the point, they will conduct business in this language. If you want to conduct business in the future, you must to learn this language, and if you resist, your business will be short lived.
In my last column I advocated for Enterprise adoption of Social Networking without worrying too much about how it should be used. I suggested it would be better to let employees find their own uses and let it grow organically. In response, Kevin O’Keefe at Real Lawyers Have Blogs tweeted, “I tell firms (to watch) where college students walk, then put in sidewalks where they’ve worn paths.” I think that’s wise advice, the college students are big developers of this new language, and they will be your next batch of employees. Had the teachers in Nicaragua simply persisted with their existing teaching techniques, instead of learning from their students, those poor kids would still be trying to read lips in Spanish and their contribution to their community would be limited by their ability to conform to a language that wasn’t developed with their abilities in mind. It’s time for businesses to adopt reverse mentorship programs. Let your new employees train the veterans in Social, a language they created, that their kids will develop, their grandkids will intuit, and the language in which business will be conducted for the next hundred years.
*b4 = before; I <3 U = I love you, or I “heart” you; LOL = Laughing Out Loud; FWIW = For what it’s worth; IMHO = In my humble opinion; ROTFL = Rolling on the floor laughing.

No more lengthy diatribes on NYTimes.com.

I noticed on today’s home page:

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