Technology, Productivity & Practice Managementccbb.casselsbrock.com/files/file/docs/CorporateCounselACC_21Nov11.pdfProductivity & Practice Management . slide | 2 Agenda ... Key is

ACC Ontario ChapterNovember 21, 2011

Technology, Productivity & Practice Management

slide | 2

Agenda

● Introductions● A day in the life● Document & email management, file retention, and e-

discovery● Drafting tips for producing better contracts, faster ● Personal knowledge management

slide | 3

Introductions

● John S. Gillies, Director of Practice Support, Cassels Brock & Blackwell LLP

● Robert Bell, Assistant General Counsel & Legal Knowledge Officer, RBC Law Group

● Joshua A. Fireman, Managing Partner, ii3 Inc.

slide | 4

A Day in the Life

slide | 5

slide | 6

Content Capture: What, Who, How

● The last decade has focused on document capture● Traditional: Document management systems● Emerging: Cloud-based repositories

● 90-95% of content today is in the form of email and email attachments

● New technologies are adding even greater content volume:● Instant messaging● “Social” communications tools

slide | 7

Content Capture: What, Who, How

● Change management is not easy● Each person has perfected an individually inefficient

process● Key is to be “in the flow”

● Focus on what is achievable and meets minimum thresholds

slide | 8

Content Storage

● Storage requirements:● Central repository

● Taxonomy/structure● Online and offline access● Multiple security levels● Auditability● Multi-user collaboration/access● Metadata administration

slide | 9

Content Storage

● Food for thought:● Do documents and email belong together?● Whither Google and the cloud?● Can you be trusted with your own security?

slide | 10

Find Content

● Assume: Documents, email, and other content are separate

● Options:● Desktop search● Client application search● Enterprise search

● Google, Autonomy, Recommind, MS FAST● Decision: Single access view or parallel access across

consistent organizing principles

slide | 11

E-Discovery

● Up to 60% of litigation costs● Proactively managing ESI with a sound infrastructure and

process = litigation preparedness ● Leverage enterprise’s risk framework to manage ESI

● reduces costs, maximizes efficiency, supports strategic decision-making for the enterprise

● P.S. Not just documents and email● Don’t forget mobile, social media, messaging

slide | 12

In Summary…

● There is a fine balance to be established between the needs of individuals, departments, the enterprise, and its records managers

● Focus on baseline consistency as your foundation● Do not be afraid of thinking outside the inbox!

slide | 13

Contract Drafting: Better, Faster, Smarter

slide | 14

Contract Drafting: A Three-Part Process

1. Appropriate clauses – ensuring all but only the right clauses (exclude unnecessary clauses)

2. Appropriate structure (macro level) and clause titles (micro level)● Taxonomy as checklist

3. Appropriate drafting of each clause● Writers on “legal drafting” tend to focus only on this last

element, whereas the other three are at least as important

slide | 15

Where to Start?

1. Perform analysis of existing content2. “Pilot project”: Identify a first contract type

● Identify the most commonly used contracts● Additional criteria:

●Consistency●Volume usage●Risk management

slide | 16

ACC Contract Standard Pilot Group with KIIAC

slide | 17

Personal Knowledge Management

slide | 18

Why “Personal”?

● Each of us has engaged in personal knowledge management:● Topical collections● Clause collections● Key past work

● Our goal is to make make PKM even more valuable to the individual● “Network” benefits can follow

slide | 19

Where to Begin?

1. List all PKM activities:● Personal precedent management● Current legal awareness● Skill development● Ad hoc commentary● News feeds

2. Prioritize PKM on an enterprise basis3. Build support processes or technology to move toward

network benefits (organizational knowledge management or OKM)

slide | 20

Value vs. Ease matrix

slide | 21

How to Support PKM?

● Systems● Document management● Email● Portals● Enterprise 2.0

● Processes● After action reviews● Lifecycle analysis● Annual reviews● Peer presentations● Communities of practice

slide | 22

PKM – Outlook Calendar & Other Tips

slide | 23

PKM - Slaw & Slaw Tips

● My Top 3 Slaw Articleshttp://www.slaw.ca/

● How lawyers get info● Checklist Manifesto● Combating Info Overload

● My Top 3 Slaw Tipshttp://tips.slaw.ca/

● Basic Google Tips● Drag email to calendar● Focus for Productivity

http://www.slaw.ca/�

http://tips.slaw.ca/�

slide | 24

PKM & OKM: Networks & Resources

slide | 25

Push & Pull

● Push creates supply● Pull creates demand● Balance is required

● Pull in the early stages is more powerful than push

Source: Nick Milton – Knoco – Sept 15, 2011

slide | 26

Pull Success – FAQs for “the front line”

● It requires effort to develop “knowledge pull” – a grassroots desire among employees to tap into their company’s intellectual resources

● Creating databases or virtual teams isn’t enough

● Knowledge-pull mind-set can be created only if it becomes an integral part of corporate culture

Source: Lowell Bryan – “Making a market in knowledge” – McKinsey Quarterly – 30 April 2008

slide | 27

Building Knowledge: Culture

“It’s not what you know, and it’s not even who you know.

It’s how much knowledge you give away.

Hoarding knowledge diminishes your power because it diminishes your presence.”

Source: David Weinberger Everything is Miscellaneous

slide | 28

KM Strategic Themes

● Building Knowledge

● Connecting People

● Searching & Streamlining

Knowledge management …is about working smarter

slide | 29

Hot topics

● RSS feeds and feed-readers● Social media● Expert systems

slide | 30

Why Should I Play Nice?

1. You are not alone – you can benefit from your colleagues’ actions

2. It is easier to:● Save● Remember● Find● Leverage

slide | 31

Need more KM? Try the KM Inhouse Group…

The KM Inhouse Counsel Group meets about 6 times during the year for informal information exchange.

If you would like to join or gain more insight, please contact any of the group co-founders:

● Robert Bell – RBC [email protected]● Jolie Lin – BMO [email protected]● Linda Wright – CIBC [email protected]

P.S. It’s not just for banker-types!

mailto:[email protected]�



slide | 32

Conclusions

slide | 33

In Conclusion

● Go big or go small, but do go forward● Build a foundation● Balance risk management and user experience● Pursue attainable KM goals● Focus on the individual, and the enterprise benefits

© 2011 CASSELS BROCK & BLACKWELL LLP.CASSELS BROCK AND THE CB LOGO ARE REGISTERED TRADE-MARKS OF CASSELS BROCK & BLACKWELL LLP. ALL RIGHTS RESERVED.

© 2009–2011 Cassels Brock & Blackwell LLP. Cassels Brock and the CB logo are registered trade-marks of Cassels Brock & Blackwell LLP. All rights reserved. p1

Social Media for Lawyers

What is social media? “Social media” refers to Internet-based technologies and media platforms, such as wikis, blogs, and online communities. These tools can often be interconnected. They are easy to use and teach yourself. The tools are typically free and easily accessed. Content is easily created by members or users, and is often created collaboratively. Wikipedia (itself a form of social media) defines it as “technology and social interaction for the co-creation of value.”

Why would I want to do this? Social media is here to stay, and continues to develop rapidly. You can be an early adopter in the legal market.

You can build an online presence to reach colleagues, contacts, and experts easily, providing more context than a static web bio. You will be found more easily. You can share and collect information relevant to your practice.

Even if you do not participate in social media, your business contacts probably do, so you should be aware of these tools and be able to speak knowledgeably about them.

Pros and Cons? Pros: this is a burgeoning phenomenon, one you can learn and capitalize on without needing a great deal of expertise or time. It is free, and easier than you think.

Cons: It can be addictive and therefore a drain on time. ROI is difficult to measure. There is often a blurring of the professional and personal boundaries.

Where Do I Start? Start with LinkedIn (www.linkedin.com), a very large, mature online community of professionals (Facebook is very good for maintaining personal connections). You should also create an RSS feedreader account, such as GoogleReader (www.google.com/reader), to keep your blogs and newsfeeds in one place.

Issue 1 Kathleen Hogan

Social Media for Lawyers

p2 © 2009–2011 Cassels Brock & Blackwell LLP. Cassels Brock and the CB logo are registered trade-marks of Cassels Brock & Blackwell LLP. All rights reserved.

Tips • Brand yourself consistently across the Internet

• Use the same picture on all sites

• Use your real name

• Be interesting and add value

• Ask yourself before posting anything whether it would be useful to anyone who might come across it

• Dedicate time at least every two weeks to monitor, update, and add content


Social Media for Lawyers: Tips

Remember the rules! Client confidentiality rules and other professional ethics apply to your social media usage.

• Carefully review the CBA’s Guidelines for Practising Ethically with New Information Technologies (www.cba.org/CBA/activities/pdf/guidelines-eng.pdf), especially Chapter 13.

Limit your time You will be surprised at how quickly you can become “addicted.”

• Set a limit for time to be spent on social media.

• Go online at the same time every day, or week. Set “social media” as an appointment in your calendar.

Manage the email Social media platforms send emails related to your profile. These can be helpful, but are not time-sensitive.

• Limit the frequency at which you receive these emails (e.g., once a week), usually on the Settings tab or page.

• Use your professional email address to receive emails. That way, you will not have to log into another “place” to get updates.

• Create an Outlook folder for social media emails. Then, use Outlook Rules to stream emails there. These emails will not distract you from your client-related emails. Check that folder regularly.

Build a brand You’re putting your personal brand online.

• Be yourself: transparent and authentic.

• Be professional.

• Think about your “voice” and what you want people to think of you as a result of online encounters with your brand.

• Brand yourself consistently across all platforms. Ensure your various bios all say quite similar things. Use the same photo across all platforms.


Social Media for Lawyers: Tips


• Don’t post snide, hurtful, or otherwise negative comments.

• Be careful with humour, which is delivered without inflection online and often falls flat or, worse, seems offensive.

Post your stuff You have interesting, useful, and intelligent material to put online.

• Post and share useful, interesting information, primarily related to your practice.

• Blur the professional and the personal: it’s fine to share some personal items, but limit those posts to less than a third of your total output.

• Post information that is likely to start conversations.

• Comment on blogs.

• Post links, with short comments, to interesting articles.

Don’t post other stuff Be careful: what goes on the Internet stays there. Forever.

• Don’t publish too much personal information: criminals monitor social media sites to determine when people are away from home before committing home invasions.

• Consider the privacy of other people, such as your children, when posting about (or pictures of) them.


Social Media for Lawyers: LinkedIn 101

The place to start with social media is the online community LinkedIn (www.linkedin.com). It is a mature site for professionals, with over 35 million members. It is incredibly powerful, yet easy to use. It is simple to join the site, set up a profile, then make “connections” with people you know — clients, customers, vendors, colleagues, and, in some cases, personal friends. You will learn who knows who and be able to make wide connections.

There is also an obvious advantage of being able to easily show your clients the breadth of your contacts in different companies. This facilitates your ability to connect a client who is looking for someone in particular field.

Aren’t I sharing too much personal information? You can choose what to share, and you should, of course, be very careful about how much personal information you put on the Internet. Your professional information is a different matter: much of it is online anyhow or has been disseminated in other ways, such as speaker notes for a conference. On LinkedIn, you control the information. It is very dynamic, as you can update your profile easily, whenever you want to.

Fine. How do I start? Set aside one hour for your initial session, so you can set up your profile and poke around a little bit.

1. Join. Go to www.linkedin.com. You will be asked to enter your first and last name, email address, and a password, and click Join LinkedIn. Tip: Use your real, professional name and work email address. This is for work-related purposes, and you do not want to hide behind a pseudonym.

2. Build your profile. The site will guide you to enter information. You should enter as much as you can the first time you log in. Enter as much of pertinent employment history as you can, and obviously include your role. This is the information other members will use to find you, and that LinkedIn will use to “push” information to you. Tip: add a current photo, preferably the same one you use professionally.

3. Make five connections before you log off. These connections can be anyone you know – colleagues, clients, even friends. Use the Search in the top right-hand corner to look for contacts. The site will guide you on how to make connections; you will be asked to identify how you know someone (so users cannot spam other users with irrelevant connection requests) via a radio button. There will be a pop-up showing what will be sent with your connection request – you can edit this if




you like, to make the request more personal. LinkedIn will also suggest contacts for you to connect with. Tip: Anyone on LinkedIn can see your connections, and one connection might “ping” you to introduce him or her to another connection. You can certainly decline, but remember that social media is a phenomenon of weak ties; you are not endorsing someone by providing an introduction.

The rest of LinkedIn comes very easily. However, you should look at the LinkedIn New Users Guide (learn.linkedin.com/new-users/) for extra tips.

If you use LinkedIn for nothing more than making and maintaining connections, you have established a solid online presence.



There are a number of useful features on LinkedIn you should consider using to build your profile, make more connections and enhance your own learning.

Groups LinkedIn provides topic-based forums, or Groups. Some are of course more useful and active than others Think about what area you'd feel comfortable commenting on.

Start by clicking on Groups. Using the information you've entered in your profile and based on the connections you have, LinkedIn can suggest groups to you, such as alumni groups. You will see a short description of each group. You can also click on Similar

Groups, or simply Join. You will be able to follow the conversations of that group, and post comments and new threads. The group's "badge" will appear on your profile.

Tip: Do not join more than three groups at a time. Good groups are quite active, and you should keep up with what is going on. More than three becomes unmanageable, and you risk diluting your "brand."

Tip: Add comments and questions. Do not be shy.

Tip: Once you begin participating in Groups, your LinkedIn email (arriving in your email account) will become distracting. Stream your LinkedIn email into an Outlook folder, and remember to check it every three days or so.

Tip: Leave a Group if it is not useful to you, and join another one.

Updates Your Linkedln homepage will show a blank rectangular space for "updates." Use this space regularly to post to all your connections interesting, useful tidbits of information.

You can share a link to an interesting article, for example, or can note that you are going to a conference.

Tip: Do not post an update more than once or twice a day to avoid bombarding connections.

Tip: Ensure your updates are professional and interesting. No one cares if you are enjoying your coffee.




Applications On the main menu bar, click More... The last selection is Applications. There are a number of applications you can add to your profile. These applications can allow you to access information not available from your basic home page, and provide another means to share information and expertise. For example, add the SlideShare application to find presentations others have posted, and post your own to illustrate your knowledge.

Applications can also allow you to share a limited, controlled amount of personal information. This allows some blurring of personal and professional This is entirely appropriate in many cases: when you attend a conference, you eventually end up speaking to someone about sports, or books, or wine. Add the Reading List by Amazon to show what books you're interested in, for example.


Social Media for Lawyers: Useful KM Reference Material

Some books: • Thomas Davenport & Laurence Prusak, Working Knowledge (Boston:

Harvard Business School Press, 1998) • Greta Rusanow, Knowledge Management and the Smarter Lawyer (ALM Publishing,

2003) • David Weinberger, Everything is Miscellaneous (New York: Henry Holt & Co., 2008) • William Jones, Keeping Found Things Found: The Study and Practice of Personal

Information Management (Burlington MA: Morgan Kaufman, 2008) • Atul Gawande, The Checklist Manifesto (New York: Picador, 2009) • Chip and Dan Heath, Switch: How to Change Things When Change Is Hard (New

York: Random House, 2010) • Daniel Kahneman, Thinking Fast and Slow (New York: Doubleday, 2011)

Some website and blogs: • http://www.slaw.ca/ • http://tips.slaw.ca/ • http://www.law21.ca/ • http://www.geeklawblog.com/ • http://aboveandbeyondkm.com/ • http://lawyerkm.com/ • http://www.knoco.com/default.htm • http://www.greenchameleon.com/ • http://www.kmlegalmag.com/events.asp • http://www.kmworld.com/ • http://knowledgethoughts.com/wiki/Main_Page • http://www.fumsi.com/ • http://www.slaw.ca/2009/11/18/are-the-7-faces-of-legal-km-simply-enterprise-content-

management/ • http://www.prismlegal.com/wordpress/ • http://blog.jackvinson.com/

JOHN GILLIES

416 860 6770 [email protected]

Education: B.A., University of Toronto, 1972; LL.B., University of Toronto, 1975; Diplôme d’études Approfondies, l’Université de Paris I (Sorbonne), European Common Market Law, 1978; Diplôme d’études Approfondies, l’Université de Paris I (Sorbonne), French Corporate and Commercial Law, 1979 Call to the Bar: Ontario, 1977

Expertise

John Gillies is the Director of Practice Support at Cassels Brock. In this role, he collaborates with all firm members with a view to enhancing the culture of knowledge sharing through building appropriate organizational and technical structures to support the capture and dissemination of knowledge.

Following his call to the bar in 1977, John studied both European Union and French corporate and commercial law for two years at the Sorbonne. From 1979 to 1981, he worked as a foreign associate with a Paris law firm that specialized in corporate and commercial matters, with a particular emphasis on international financing.

Upon his return from Paris in 1981, John joined a large Toronto law firm as an associate, focusing on private company and banking transactions. In 1985, he left to join the Legal Division of CIBC. As Senior Counsel, he was responsible, among other things, for the bank’s lending work, the legal issues arising from the bank’s many branches, agriculture, franchising, and small business portfolios, and Aboriginal banking . He was also a member of the legal team spearheading the bank’s online banking services.

In 2000, John returned to the firm where he had previously been an associate as Director of Knowledge Management. For seven years, he was the senior member of the knowledge management team, and was actively involved in the launch and subsequent advancing of the firm’s knowledge management project.

Some of John’s conference presentations include:

• Change Management in a KM initiative: Case study, Toronto/New York KM Lawyers’ Summit Conference, New York NY, October 2009

• Client-Facing Knowledge Management, Ark Conference, New York NY, October 2009 • What Lawyers Want, Ark Conference, Chicago IL, October 2008 (a joint presentation with the firm’s

managing partner, Mark Young) • Capitalizing on the Client-Focused Practcse Support Lawyer Role, Ark Conference, New York NY,

February 2008 • KM in Support of Practice Groups and Client Teams, Ark Conference, Chicago IL, October 2007 • Expertise Location in KM Systems panel, International Legal Technology Association, Orlando FL,

August 2006

• Cultural Barriers to a Successful KM Initiative in Large Law Firms, KW World Conference, San Jose CA, November 2005

• KM in a Large Law Firm, Toronto PM Forum, Toronto ON, February 2005

Some of John’s publications include:

• The Checklist Manifesto and the Smarter Lawyer, review, Slaw.ca, February 2010 • What Lawyers Want, KM Legal Magazine, London, England, August/September 2009

John is a director of The Piano Six Foundation and a member of the advisory board of the Taylor Statten Camping Bursary Fund. He plays jazz piano regularly and baroque cello occasionally.

JOSHUA FIREMAN

Vice-President Market Development and General Counsel

Joshua has over ten years’ experience in implementing information and knowledge management solutions in law firms. Called as a lawyer in 1995, Joshua practiced with one of Canada's largest law firms and later joined Canadian Pacific Limited as in-house counsel. Joshua led the creation of McCarthy Tetrault's knowledge management program in 2000 and joined ii3 in 2004.

Since joining ii3, Joshua has become a thought leader in the legal industry, focusing on strategic knowledge management, and has developed extensive expertise in the areas of adoption and change management. Joshua solves problems by combining his extensive knowledge of the practice of law and law firm operations with disciplined business practices and excellent communication skills.

Robert Bell is Assistant General Counsel and Legal Knowledge Officer at RBC Law Group. He held previous legal counsel positions in the insurance field including ten years in charge of the legal team supporting RBC Insurance, and before that, as General Counsel of Crown Life Insurance Company, and General Counsel, Canada of Mutual of Omaha Insurance Company.

In his current role, Robert oversees the RBC Corporate Archive, the Law Library, and RBC Law Group's knowledge management and professional development programs.

Robert Bell Assistant General Counsel & Legal Knowledge Officer RBC Law Group