Future of the Internet and Legal KIM in an artificial world

Yesterday was interesting. I was in the cloud metaphorically speaking.

future of the Internet

our-internet-panel-at-

From left: Patricia Lewis, Carl Bildt, Dame Wendy Hall, Michael Chertof, Sir David Omand

It started at Chatham House and a fascinating discussion held “on the record” on the future role of the Internet (“the most important infrastructure in the world”) prompted by a report from a very well qualifiied group of 28 experts led by former Swedish Prime Minister Carl Bildt.

This quote from their report targeted at public policy makers caught my eye:

The Internet has connected more than three billion people in just a few decades, however, over half of the world’s population remains off-line. If the rest of humanity is not given the opportunity to come online, digital and physical divides both within and between societies will widen, locking some into a permanent cycle of exclusion from an increasingly digital global economy.

Countries cannot hope to compete in the global marketplace of ideas if their business communities and broader populations are not online.

One Internet can be found here. Distributed under a creative commons licence Its worth a read. A few of my many takeaways from yesterday’s event:

  • Internet is in danger of becoming the ‘splinternet’ as governments seek to improve cybersecurity and restrict who can access what
  • Cybersecurity wears many hats. In totalitarian regimes it means controlling access to what is considered ‘destabilising’ and salacious material not merely espionage
  • False news is on the rise underpinned by the self reinforcing bias of Social Media sites (more on this later)
  • The role of educators is vital to equip tomorrow’s workforce to be digitally literate (see Arab Times article by Dana Winner for more on initiatives in Kuwait)
  • “Its the end of the industrial age and the beginning of the digital age” and “we are coming to the point of contraction” (Quotes from Dame Wendy Hall)

2017 Legal KM Objectives

This very nicely set up the afternoon’s video session at Ark Group ahead of the forthcoming KM Legal Europe Conference in Amsterdam.  I was asked half a dozen questions. Here I will focus on:

What do you think are the key challenges facing knowledge managers in law firms specifically right now?

To answer this I approached two dozen practitioners and thought leaders in Legal KM last Thursday. I used LinkedIn for some and a personal direct email for others. I received 14 responses within a day a response rate for which I am extremely grateful.

Here is a truncated snapshot of the responses (my groupings) with anonymity preserved:

Cultural & Organisational Measurement & Regulatory Process & Innovation Tools & Techniques
New roles needed: business and data analysts and legal project managers. Getting good enough metrics to convince lawyers that it is worth spending time and money on KM

 

Building knowledge into business processes by automating workflows using lightweight new technologies such as HighQ Artificial Intelligence for law firms (as we are not a magic circle firm so we could not invest millions in this)

 

Essential Collaboration between Knowledge, IT and procurement teams Court Proceedings are ‘going digital’ as of the beginning of February. That’s a big challenge! We have to get our dms, our processes and our technical infrastructure ready Increasing client pressures to redact documents or not to share documents in KH is putting pressure on open KH systems AI tools that can mine unstructured content for insight – is it the death of the document?
How to maintain lateral and peripheral vision towards the business goals, where their area of practice fits in to the greater perspective at hand. What can be done daily, weekly, monthly, to take time to do this, when their entire perspective is tied to billing in 6 minute increments, tied to AFA agreements built on efficiency and transparency geared towards the client and their practice area billing requirements? Measuring ROI on client relationship development activities – i.e. not winning new clients, but deepening existing relationships

Getting engagement from fee earners as they struggle to meet their chargeable targets

 

How can knowledge (in widest sense) help firms deliver on the more for less agenda, both internally and to clients?

Preserving client-lawyer face-time, trust and intimacy in a time of online communication

How to better share knowledge with our clients (meaning the clients of the firm)?

 

Understanding how to harness the power of AI in the business:

– to what / where is it best applied?

– is there a first mover advantage or should we wait, learn from innovators’ mistakes and leapfrog with v2.0?

Platforms for commodity work, Artificial Intelligence in all its form, Block chain, Big Data. It is hard to keep up and very unpredictable what it will bring and how it will change the legal business

Move from paper sources and library towards a digital Knowledge Centre, while trying to cope with the increasing information overload. Disruption of legal services

Horizon scanning for us and for our clients.

 

Untangling the appalling hype and confusion about AI

A few stood out (some strategic, some operational): act or wait (in relation to AI); responding to a change in regulation; creating a Digital Knowledge Centre (will AI make that obsolete?); and how to resolve the difficult challenge of preserving client-lawyer relationship when technology makes advice more of a commodity.

future of Legal Knowledge and Information Management in an artificial world

You will note how often AI comes up in the 2017 objectives. This is the question I was asked:

Everyone is talking about artificial intelligence (AI) in the legal sector right now. How do you think AI can really boost efforts to better manage knowledge within a firm?

Many books have already been written on this topic and thousands of articles. Its the new nirvana. Even though AI has the potential to lower barriers to entry have we been there before? Not according to Professor Mohanbir Sawhney in an excellent article in  September’s Harvard Business Review entitled Putting Products into Services he argues:

…By leveraging the power of algorithm-driven automation and data analytics to “productize” aspects of their work, a number of innovative firms are finding that, like Google and Adobe, they can increase margins as they grow, while giving clients better service at prices that competitors can’t match. Productivity rises, efficiencies increase, and nonlinear scale becomes feasible as productized services take over high-volume tasks and aid judgment-driven processes. That frees up well-paid professionals to focus on jobs that require more sophistication—and generate greater value for the company.

I see this as being an evolution rather than a revolution. We are at stage 3:

  1. Stage 1 Search: Making documents, images and audio/video available and tagged
  2. Stage 2 Review & Connect: Analysing and summarising documents, images and audio/video and pushing to relevant people. Identifying patterns and making connections.
  3. Stage 3 Predict & Facilitate: Using the raft of data, information and accumulated knowledge to predict what the likely outcome of an event or series of events might be and to then help facilitate those outcomes.

If you accept that 80% of a company’s data is unstructured there is ample scope. So what options do firms have?

  • Partner
  • Build
  • Buy (or rent)
city-road

Two of the new buildings in City Road, London

Some of the biggest firms have already moved forward: Dentons has gone down the partner route investing in Next Law Labs and acting as a test bed for their ideas; Pinsent Masons have opted to build their own, a do it yourself AI called TermFrame; Linklaters signed up to buy/rent from RAVN and in a really interesting move Cotswold Barristers have become ‘barristers direct’ marketing their fixed fee services to potential claimants.

What’s interesting is how well represented the UK is in the AI field and how many of the emerging businesses can be found around City Road in Tech City, London.

Yet despite the hype AI has a chequered recent history:

  • Both the US Presidential Elections and Brexit Referendum were called the wrong way
  • The challenge of the self reinforcing bias is not met which makes outcomes susceptible to false news and accentuates the Prism Effect
  • Humans are still needed for interpretation, managing of networks and facilitation of outcomes.

and finally

I am going to draw on two quotes from the respondents (both highly visible and respected Legal Professionals who find themselves in roles that have KM components):

AI and automation models if put in place successfully would augment the journalists*, augment the attorneys, make them more successful for themselves, the client, and the business.

*This was in reference to a John Oliver sketch on US TV about the impact AI is having on journalism. See Chicago Tribune summary here.

The rise of newer forms of technology is challenging the way codified knowledge is managed leading to the need for KM professionals to work with new types of colleagues such as business process improvement specialists and AI providers.

If you want more, I suspect one of the topics for discussion in the Open Space Peer Assist session I will be running at KM Legal Europe will be on the impact of AI. There’s still time to register for that event and I’m sure Ark will put online the video interview I conducted yesterday.

Stop Press:

Today DeepMinds and Royal Free Hospital’s App is launched. It is a great example of how data can be analysed and outcomes presented to the clinician for recommended treatments. Substitute the Lawyer for the Clinician and it’s clear similar search, retrieval and analysis tools might be used in Legal.  See here for more.

References:

Thanks to Martin White (self styled ‘Virtual Librarian’) for these hugely helpful links:

http://www.abajournal.com/magazine/article/how_artificial_intelligence_is_transforming_the_legal_profession

https://artificiallawyer.com/

https://blogs.thomsonreuters.com/answerson/artificial-intelligence-legal-practice/

http://www.neotalogic.com/ai-business-law-iii-rise-administrative-automation/

http://www.pwc.co.uk/industries/business-services/law-firms/survey.html

Also to Exponential Investor who provided this interesting interview transcript as part of its investor service:

http://www.exponentialinvestor.com/they-know-what-youre-going-to-buy/?email=paul.corney%40btinternet.com

 

‘Probably the best PKM in the world’: KMUK 2016 uncovered

It’s conference season which means I get to go to nice places and meet and learn from interesting people. This week I was in London for the annual Knowledge Management UK event and a cracking good couple of days it turned out to be.

IMG_4774Well attended by 60 or so KIM professionals, it was chaired by Ian Rodwell @Irodwell of Linklaters who I’d recommended and who did me and Laura Brooke of Ark @LauraAtArk, proud.

From the ice breaker opener onwards Ian’s touch was light but assured and the delegates all participated with enthusiasm.

What surprised me?

  • I got something out of every presentation which might sound a bit arrogant but when you’ve been to many KM events there are usually a couple that don’t quite cut it. This time each speaker slotted in well with the next and the event flowed.
  • The number of KM ‘Veterans’ attending for the first time in a long while commenting how lonely the role can be (whatever it’s called) and how durable KM’ers have to be.
  • IMG_4786Learning that the Govt’s 5 year Knowledge & Information Strategy (GKIS) produced in 2013 is still not published and unlikely to see the light of day.  Yet work is still going on as David Smith explained to create career pathways for the cadre of professionals who comprise the civil service’s Knowledge & Information Management profession. I didn’t get the feeling that CILIP are integral to those competency framework discussions which is a missed opportunity on both sides as there is no current industry group that effectively represent the KIM global profession as does a CMI or CIPD in Marketing or Human Resources (Personnel).
  • Discovering that the average age of people in E&Y is 27 (hence generation Z to the fore). E&Y’s big challenge for is to move from a vertical to horizontal communications and employee engagement approach. Their Communities of Practice / Skills are a great way of cutting across silos.
  • Despite all the ballyhoo around technology search is still not cutting it for most and my recent musings on the continued need for Assisted Search valid.

What intrigued me?

  • The session on Artificial Intelligence (AI) whcih included the suggestion that it is ‘parked on the lawn’ of call centres and people who have to read long books for a living and are also engaged in risk management. Today AI does not do emotional intellience very well but that is changing despite reservations about the ethics of it.  Linklaters are a good example of an organisation experimenting with AI to improve efficientcy.
  • Nick Milton’s @nickknoco thoughts on adopting the 7 step Lean Model for a KM programme and the wastes of KM supply chain: excess production, delay, too many steps, excess hand-offs, defects etc.  By a strange coincidence 7 came up in my presentation when I talked about the 7 ‘ates of a Knowledgeur. A separate blog will be forthcoming to coincide with my address to the CILIP annual Confrence in three weeks time.

What delighted me?

  • IMG_4785Christopher Payne’s @cjapayne excellent account of the Knowledge Management effort that is embedded in the Olympics.  It is the most visible of all Project KM programmes (see alongside) with great potential to act as a benchmark for all big cross border multinational projects. Imagine the expertise they have developed (with quite a small team) in transferring knowledge from London to Rio to Tokyo all in the gaze of the global public. I know Chris is keen to share his IMG_4787knowledge with the greater KM community so contact him or hear him speak.
  • TfL’s approach outlined by @LemmerLutz to making great use of Lessons Learned and feeding improvements back into process.  The graph alongside illustrates the successful postings of lessons to their KM portal (up nearly 300% in 2 years).
  • The broad acceptance that you can achieve a lot with a little.  The Financial Conduct Authority presentation being a great example of how to make effective use IMG_4790of people by using communities and having an easily understood framework. I noted though that poor search is a real barrier to adoption and that the lack of a technical underpinning a constraint.
  • Hearing from a couple of people how Random Coffee Sessions can be effective. The idea is simple: develop a list of people who are interested in having short coffee meetings with peers on a 1:1 basis and pair them up on a periodic basis.

What frustrated me

  • The continued reluctance to share thoughts / observations on Twitter, a stance at odds with the audience’s oft stated desire to ‘Work out Loud”.  How can you encourage others to do so if you don’t do it yourself?  I wrote more on this subject a year back coining this phrase: It was like throwing a dart into a vacuum.

What did I not hear I expected to?

  • Social Network Analysis: Despite a real focus on Communities Social Network Analysis was not discussed. Not knowing who people go to for answers or who knows what is a risk to many businesses if those key but often hidden people depart. To a large extent the risk from the sudden departure of the ‘Expert’ is diminishing with the rise of empowered and informed knowledge workers and processes that contain embedded knowledge.

And finally

My favourite quote (used in the content of maintaining focus):

Don’t be like a dog who sees a squirrel

 

A KM Definition that isn’t: KM Legal 2014 examined

This extract from today’s twitter stream on KM Legal 2014 is telling:

Just been asked why we’re not at in London – “because we went to the one in 2004” was the answer.

I was there to deliver the opening address to this year’s KM Legal event.  It was very well attended with 80% of the audience being qualified lawyers.

In truth I left feeling disappointed. Apart from an interesting perspective on the future role of predictive data delivered by Eric Hunter, Director of Knowledge, Bradford & Barthell in California much of the remainder focused on providing information rather than applying knowledge and the discussion was about Intranet implementations on SharePoint. I should point out that my impressions are based only on Day One.

In my presentation (publically available on SlideShare) I began by describing how 20 years ago I’d helped build a one screen view of all our activity and created what was effectively one of the first Intranets in the process.  Yes the solutions and reach are greater today but the questions being addressed are the same.

Its significant how many people have knowledge in their titles however almost all are involved in Operational Knowledge Management and many in Information Management.  Very few appeared to be involved in Strategic Knowledge Management which for me is surprising given that the legal profession more than many others has to be knowledge driven relying on precedent and changing judgements in order to make recommendations (legal arguments) based on personal and team knowledge and experience.

Information Management is not Knowledge Management!

Mark Gould (who was suitably voluble) summed it up thus:

Information management is important, and often needs to be better. Helping information flow is not knowledge management.

I noted the Knowledge Management definition delivered by Zurich which might work for them and meet their specific criteria but for me misses by a mile the real meaning of Knowledge Management:

Knowledge Management: ‘The efficient and effective use of information to meet the objectives of the team and businesses we support’

Where is the key bit about learning from what you’ve done before, capturing, storing and reusing the knowledge of people? What happens when people leave and new lawyers join?  Yes Knowledge Management requires good information systems to support it but there is no mention of building knowledge into the processes of the business.  Its quite ironic as in 1998 Zurich Re London hired me to help embed knowledge into their Lotus Notes systems for underwriting and decision making.

We want value add from our legal parners!

This was a cry from a few of the presenters and the logic is powerful.  If their lawyers have expertise in managing knowledge then why not tap into it and ask them to share it with the clients as part of an overall package. But that’s a narrow perspective as the conference demonstrated.  The essence of KM tools like Peer Assists is that you are bringing expertise from outside of your own industry when launching a new project. Organisations that just hire the same character types and draw from the same talent pool end up being clones! The same applies to advice.

Transparency and co-creation

Eric’s presentation struck a chord.  His premise: that the future is about opening up and co-creating with clients is spot on.  Clients at the event were complaining about opaque charging structures and archaic processes.  Eric (who is ex Oracle) noted that:

Real-time data analytics is changing business models

I buy into that argument and can see a world where more generic aspects of law are consolidated (perhaps in the cloud) and the superior knowledge hence value is priced differently. Surely the value of great legal minds is in the analysis and delivery not the curation and storage?

Comments I liked:

  • On Intranets: Bird&Bird-content facilitation role vital to look at what was best version and then use that. LinklatersWhen search works you are on your way to a winning Intranet!
  • On how to sell: White&Case- Demands for collaboration coming from clients is a common theme. Love analogy of selling processing and successful completion.
  • On the creation of  embedding knowledge into ‘Pathways’ (processes): White&CaseSubject matter pathways (a set of navigable PowerPoints) that help lawyers go thru a workflow. simplicity thru PowerPoint with embedded live links. Real business efficiency tool. pathway dependent on effective curation next step is to add on time recording and budgeting. Good for showing clients Gr8 for onboarding.
  • On what’s in it for me: White&Casepeople will only contribute if they know who is going to see information. Simplicity is best, fewer options better.
  • On what people are called: ZurichExpertise Enablement Officer, (Learning Officer, Knowledge Manager, Information Manager rolled into one).
  • On organisational values and change: Berwin LeightonPaisnerDownside of giving people ability to customise their personal home pages is that the core message / values of the firm get lost.Lewis SilkenPowerful group needed to bring about change in a legal firm? Secretaries! Administrative initiatives will fail if not involved.
  • On the future: Variousrevolution in way of working is coming with a need for a virtual digital workspace across the industry that all firms contribute to. Increasingly clients will put together teams based on the best practitioners drawn from different firms.

What I missed?

  • Any discussion around communities and talk of knowledge sharing policies.
  • A discussion on risk – none seemed to follow the example of Nuclear who have identified what critical knowledge is and tried to plan accordingly for its loss?
  • And a wide ranging debate on Twitter that brought those outside the room into it.  How can we as a KM Community preach knowledge sharing if when we are at events like this we don’t practice it?

And finally:

I left feeling that the huge challenge of breaking down silos across specialist practices in law firms has yet to be tackled effectively.  Yes the idea of common platforms is a good one but each practice area is a federated business and lawyers probably have more allegiance to their specialism than a firm.

‘What you bill is who you are’ came across as a strong undercurrent that can only be overcome by the sort of technological changes that impacted the Reinsurance Industry when Catastrophe Modelling Analytics went from being nice to haves to must haves in order to stay in the game.

If you accept the premise that the future is about co-creation and collaboration then the centralised firm structure is in danger as technology aids disintermediation.  This suggests Legal Knowledge Management’s future focus should be on competencies, skills and network management.

And just to prove that the legal profession has embraced ‘Gamification’

From Penny Newman's session on change and managing resources

From Penny Newman’s session on change and managing resources