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On Friday, March 2, 2012, Dr. Ann Cavoukian, the Information and Privacy Commissioner of Ontario, gave a well-attended talk for healthcare professionals and organizations at the Toronto Board of Trade entitled "Embedding Privacy in the Design of Electronic Health Records - Yes, You Can". Note: these are my selected notes from this session; any inaccuracies or omissions are my own. I welcome your comments and follow-up thoughts!
Electronic health records (EHRs)
“Privacy by Design” (PbD) = embedding privacy into the architecture of services and records management
Dr. Cavoukian does not necessarily favour privacy over healthcare; she has had multiple neurosurgeries and knows what it is like to be in emergency needing immediate healthcare and not worrying about privacy. The most important thing is the right healthcare service at the right time. However, you can embed a cloak of security around this.
Privacy = Control
People want to feel they are in control of their health information. If you keep the user in mind, it is giving them freedom to control their information that is important. Germans have a concept called “informational self-determination” and they have some of the strongest controls. After loss of control with the Third Reich, Germans are very protective of the control over their own information. Privacy is absolutely essential to freedom and society.
"Give me Real Privacy now, not privacy theatre" - See: RealPrivacy.ca
• It is not privacy or EHRs; it is both • If you are not interested in privacy, you have no business being in health; you have to have privacy top of mind; it can’t be something you get to “eventually”; it is way too late if you look at it at the end • Privacy has to be an integral component in all that you do; do not take a silo'ed approach. If you do, you will fail and have a privacy breach. • Privacy by Design means taking an holistic approach. If you are in HR or e-health businesses, this is what you have to do.
Legislation - PHIPA
Personal Health Information Protection Act, 2004 (Ontario) • Was used as a framework for the United States' HIPAA legislation • Came into effect November 1, 2004 • Not the only driving principle but is paramount and drives the privacy activities in this area • It is a consent-based statute but can sometimes rely on implied consent
Everything is moving to the cloud, and there is so much extreme sensitivity around personal health – we need to feel trust in the systems we are building.
“Give me electronic health records now”
She has been ranting for years: “Give me electronic health records now” • reduces delays in healthcare: she has first-hand experience with a painful12 hour delay of surgery because records not accessible. • She is a real advocate in favour of e-health records • Design of systems is critical – maximize the privacy with strong encryption, strong audit logs that set alarms when unauthorized access help to alleviate concerns, but there will still be concerns
Portable devices
• Have expanded dramatically • We live on our mobile devices • Some of the orders she has had to give have been around the transfer of data to mobile devices that are unprotected • In our zeal for electronic, we are not taking the necessary precautions that we should be • There are problems with paper-based records also, but portable devices present a unique set of problems
• See U.S. report - Dr. Larry Ponemon's “Benchmark Study on Patient Privacy and Data Security” o Almost all practitioners in the U.S. have had data breaches in the past year – lost or stolen records o Increased from the year before o 81% of healthcare services used mobile devices, most not secured (no encryption, etc.) • if you don’t make privacy a priority, it will come back to bite you • unfortunately it also comes back to bite the patients – patients now not seeking treatment because they don’t want their conditions known – they go to great lengths to conceal information; they may also falsify information • also creates loss of trust on the part of patients • will have to consider privacy at the front end from the senior management level
Cost of data breaches
• U.S. - Cost of data breach $202 per record on average; in U.S. between 2006 and 2007, 1.5 million data breaches • In Canada - $100 - $200 cost of data breach per individual • December 2009 in Durham – nurse lost a USB key, unencrypted – she did not follow protocol - $40 million law suit currently in the discovery stage – was not in compliance with PHIPA • Numerous fines in the U.S. by Health and Human Services • She is more concerned about the affect on patients
She is dismayed by the approach of having privacy seen as some soft policy looked at the end.
She believes in a win-win solution where we can have both openness and privacy. It’s very difficult, but “you can do this.” Need to have it security from the time of taking in the information to the time of destruction of the information.
You have to have senior privacy people as part of your senior executive team. When the top gets to the privacy message, then the messaging flows through the entire organization.
Consent is fundamental to privacy. PHIPA is a consent-based statute. Consent can be implied at times; you don’t want your time with your doctor “whittled away” by spending time talking about privacy. Implied consent within your immediate healthcare circle. The moment you step out of that circle, you need explicit consent.
PbD - Privacy by Design
• use the information de-identified for research o the privacy resides in the identifiability of the data o build de-identification processes into the system • the benefits of “big data” are enormous but we need privacy to go with it – “We can’t have big data without big privacy.” • Paper with Dr. Khaled El Emam, Canadian Research Chair in Electronic Health Information - The Case for De-identifying Personal Health Information • Re-identification is very very difficult to do – do not avoid de-identification with the reasoning that someone can re-identify – Dr. Khaled El Emam’s tool can help with de-identification
Trends
• Her concern is with the healthcare providers who think that her information (as a patient) is their information. The healthcare provider has custody of the data but it does not belong to them – belongs to the patient.
• What about the patient? Different efforts with EHRs leaves the patient out of the equation o Need to do more to empower patients, especially those who have chronic conditions o Need to put the information into the patients’ hands, not just the healthcare provider o She goes to great lengths to get copies of all her own records and she likes to manage those herself - If you have multiple healthcare practitioners, it is hard for one to know what the other is doing
• Moving away from a central model of healthcare systems – just not working – regionalization instead o Locally: Connect GTA – health information to be shared across the continuum of care to be shared within the GTA o Within Toronto the hospitals are not all connected although there are successful models outside Toronto o It is a challenging task – “We can get people onto the moon, surely we can connect these systems.” “The hospitals aren’t that far from each other.” “The challenge is well worth it.”
Outsourcing data work
• you remain accountable just as if you handle the information • outsourcing to the US: the USA PATRIOT Act is a red herring – there are so many legal instruments in place before the USA PATRIOT Act • Privacy by Design sets a higher bar - you still need to talk with the patients and put privacy in place – you will be in compliance with any law around the world if you are on the cloud
Development of big databases and registries
• E.g. Diabetes Registry • Consent is becoming a big issue • you have to factor in consent, but debatable how you do it • opt-out is the easiest to set up, but the problem is communicating the opt-out option with the public • things that are very sensitive should not rely on the average person to be scouring the newspapers etc. to see their opt-out options – that is not on their radar, they are not thinking about that – there has to be an understanding of how data can be accessed – education of the public around this is very low • there is an arrogance of the administrators of these systems (“it is for research”); the patients’ interests are secondary – need to challenge this attitude • there are ways to use data and retain privacy e.g. ICES uses unique identifiers on the data that are meaningless outside of the system.
Conclusions • Make privacy a priority • We can manage the privacy risks of EHRs – “we have to” • If risks are not successfully managed – this will set trust in the system back too far • Much easier and cost-effective to build privacy in at the front end – “do yourself a favour if you are in this area, do it at the front end” • Do not take a silo'ed approach to privacy • If you leave it to the end, you will do “privacy by disaster”
Wow--I can't believe it has been almost three months since I last blogged here! I guess that is a sign I have been busy. Still, I feel I should be sharing more. Here are a few highlights on what I have been up to lately:
Recent talks
In January I gave a talk about social media to lawyers at a conference put on by The Commons Institute. My slides are below:
I have also been giving private talks lately to various organizations and a range of professional audiences. If you are looking for someone to help explain social media and related topics geared specifically for your audience, and want someone who has a broader perspective than public relations, do get in touch with me.
PodCamp Toronto 2012
After the talk to IAAP, a good part of my February was spent helping to organize this year's PodCamp Toronto, held last weekend at Ryerson University's Rogers Communication Centre. This is definitely a labour of love since all organizers are volunteers putting in hundreds of hours between December and February to pull this social media "unconference" together. We had over 1100 registrants this year and over 70 sessions throughout the weekend. This was my fifth year organizing, and so rewarding! It is great fun to set the infrastructure in place and see the social media community take over sharing knowledge, content and enthusiasm for the weekend. I love seeing all the tweets via Twitter, slide decks from presentations, photos and blog posts that are gradually emerging from the weekend. To find them, search for the tag PCTO2012 (#pcto2012 on Twitter).
In the meantime I myself haven't stopped learning! I even managed to attend a few sessions at PodCamp this year. I am processing all that I have heard. At some point I will be sharing what I have learned, trends I am seeing, and possibly notes I took along the way. I have some notes I took Friday from a talk by the Ontario Information and Privacy Commissioner Dr. Ann Cavoukian which I should be posting tomorrow, and there should be a related post on Slaw.ca in the morning.
On Slaw.ca
Speaking of which, in case you have missed them, I have still been fairly consistent with my blogging at Slaw.ca. Here are some of my recent posts you might want to check out if you haven't already:
A few weeks ago I attended SLA Toronto's event Start It Up! The event was hosted by Helen Kula at the MaRS Discovery District where she works as a Senior Information Specialist in the Market Intelligence group. Four local vendors presented their technologies, all in the area of information aggregation.
I was excited to attend because as someone who works and plays in the areas of social media, information management and knowledge management, I am always looking for useful new tools to use in my work. We live in exciting times when someone in his or her basement can quickly become the founder of the next Amazon, Twitter or Facebook. But it's not an easy road to getting there, and those startups that truly have valuable ideas need our support if they are going to be viable.
The notes below are based on notes I sent out via Twitter during the event. No doubt there are inaccuracies and omissions as a result; I welcome corrections and additions.
First up was Mark from Trendspottr. Trendspottr is a free web-based service that identifies and predicts trends from real-time data. Some of the largest media companies in the world are using it, for example: the BBC, The Guardian, BBC Today, Yahoo News and Canada's Post Media. Also some of the biggest PR agencies in the world are using it to identify trends. Klout is using also using it internally, sees the value of it.
Mark explained to use that the "half-life" of content is now about 3 hours. It will soon be down to minutes. Value dissipates quickly. The focus of Trendspotter is to find data very early on, hours before general awareness. They are now trying to predict trends and outcomes, getting ahead of the info curve.
Trendspotter has a bookmarklet that allows you to start a search to see what is trending on any topic.
In December it will be integrated with social media "dashboard" tool Hootsuite. They will soon also be releasing Trendspottr Newsroom and Trendspottr Pro (with notifications and analysis). Trendspottr is also working on time-based influencer analysis.
Next up was Nick Edouard of BuzzData, a tool for data sharing and collaboration. Data sets loaded onto BuzzData are given their own URL and tools for sharing or working with privately.
Some of the features making BuzzData unique:
You can choose your license for making data sets available publicly, for example making them available under Creative Commons.
BuzzData helps to encourage community around the data, encouraging the community to work with, manipulate, and link to the data.
You can add context to data including visuals, graphs, images.
Versioning of data. Excel doesn't allow for this kind of data trail.
Site has ability to flag content as being inappropriate.
BuzzData is a platform. Edouard says "let's build an ecosystem of apps around it," which goes along with the general philosphy of BuzzData: "Good stuff happens when data is shared." It seems to me this is a lot of what we hear reporter/author Jeff Jarvis saying as well.
Still in public beta, BuzzData is being used by newspapers, news agencies, governments, cities, not-for-profits, NGOs and more.
Edouard explained that most people's experience with open data was version 1.0. We now need to take it a step further, curating the data and building engagement around it.
How do you get experts to comment on something relevant and turn it into content for clients? That is the goal of ConnectedN.
How does it work? ConnectedN delivers targeted information to the experts inside an organization (also for knowledge management and marketing teams). It allows them to easily add comments and then publish this out to blogs, a newsletter, Twitter, LinkedIn and other sources on the Internet.
This allows you to easily designate one person inside your organization to spend an hour a week or five minutes a day participating in content creation.
If you have a strong KM or marketing team trying to drive customer engagement, this makes it a lot easier.
Currently ConnectedN is available as a paid, customized service, but will soon be launching a self-serve, lower price point service.
Next up: Sam from Sciencescape with a new product launched that same day.
Sciencescape maps out scientific publications/articles from PubMed, and includes news feeds, filters, timelines and article-level metrics.
To date Sciencescape has been mapping out current publications. They will be relying on users to map out historic articles. According to Sam, Sciencescape gets better the more it is used: as comments are added in, researchers around "bleeding edge" areas can be identified.
Once available to the public (soon!), there will be flagging methods in Sciencescape to help police contributions.
It is not yet ready, but in a few days we should be able to go to http://www.sciencescape.net/ and sign up for beta passwords.
Next up at SLA Toronto start-up night: William Mougayar of Eqentia - a news/social media content curation platform. I was already familiar with Eqentia, having worked with Mougayar previously to put a sample site together (more on that below).
Eqentia allows organizations or internal departments to put content out to internal or external clients/customers. Content can be automated, curated, or manually gathered.
Eqentia looks for relevancy rather than popularity; it index 120,000 articles per day using semantic search. It looks for relevancy first, then popularity.
It essentially allows you to become the publisher - content comes in, is filtered according to rules you set, and the good content comes out. Your content can be branded, integrated with any site, even delivered via email.
Eqentia acts as an all-in-one comprehensive platform allowing for content harvesting, filtering, aggregation, curation, branding, newsletter managemeent, semantic searching, publishing and more. The content integrates well with social media; it has "on ramps" and "off ramps" bringing content in, pushing content out.
They already have a range of customers. Mougayar said he is talking to a few law firms currently because of mix of internal and external content.
Mougayar showed a sample Eqentia site at http://www.librariesfuture.com/ that was created with my help. (It needs work and, yes, it is heavy with posts from my friend Stephen Abram).
I personally find the subject of tech startups to be fascinating, and love to see us give support to these local companies, especially in terms of being beta testers, providing feedback, and giving them potential new business.
During the Eqentia presentation, I was asked how I got involved with the project. Long story short: I had attended a few Toronto Semantic Web Meetup Group meetings organized by William Mougayar in an attempt to get my head around the semantic web. He is extremely humble, not talking about his own semantic tool at the meetings. As I started to get to know him, I started to ask about his company. Finally one day he invited me to see it in action. I was hooked!
He then asked if I would like to curate a site. Of course! Unfortunately it has been a busy year and I haven't spent the time on it that I would like (which is why I've never written it up here previously). But I hope you will take a look. If you would like an introduction to the folks at Eqentia, let me know. I have no financial arrangements with them--I am just an enthusiastic fan-girl who likes to be the first to try things out.
Everyone seemed to quite enjoy the tech start-up evening. I hope SLA Toronto makes this an annual event! Toronto is a real hot-bed for tech start-up companies, many of them working in areas that should be of interest to special librarians, information managers, and knowledge management directors.
I have been trying to get my head around the "Occupy" movement, particularly in Canada. It seems to me there are a lot of points of contention and pain in other countries, but wonder what we have to complain about in Canada that would move people to these extreme measures. I'm also not sure I completely "get" this movement since there are not specific demands or direction. On the other hand, I defend their right to peaceful assembly and protest.
I was in New York last week and walked past the Occupy Wall Street encampment. I was surprised at how small a geographic space it takes up (no bigger than Toronto's, albeit a lot more densely populated). I was also surprised at how organized they appeared to be, obviously quite self-contained in the space they are occupying.
Last night my fellow Slaw law bloggerOmar Ha-Redeye appeared on TV Ontario's current affairs talk show The Agenda with Steve Paikin supporting the Occupy Toronto movement. It is a thought-provoking exchange and helped clarify things for me. Here's that discussion--
As I have been writing this, word comes via Twitter that the people at Occupy Toronto have been served eviction notices by the city. Everything is peaceful so far, but the city (and the world) will be watching.
On Friday Phil Ridout put out the following question to some people in his Google Plus network:
Social media in business setting - top tips please! I've been asked to make a presentation in 10 days time about using Social Media in a Business Setting. I've a bunch of ideas and stuff of my own but what better way to demonstrate the power of social networking than by asking people in my network for their top tips. So, what are your top 5 tips for businesses using Social Media please.
I quite like the list I came up with, so decided to share with you here. This has been derived from a lot of reading, course work learning and hard-won real world experience. I believe all these points apply whether your project is inward facing or outward facing.
My top 5:
1. Start small with a "quick win" project, especially with a small group (e.g. pilot project, proof of concept) and then slowly work into larger, strategic projects from there.
2. Don't build an "empty disco" - seed any new tool with content and invite a few people in to share specific contributions to get the ball rolling. If the dance floor is empty, no one is going to want to be the first to dance.
3. Solicit early adopter(s) to be champion(s) of the project. Give them support, including special training in the project's technology. Keep them in the loop so they can accurately sell/evangelize to others inside the organization.
4. To sell it to the executives, the initiative needs to tie back to the organization's or department's business goals. Don't just start using a tool because everyone else is doing it. (Hint: "It will improve collaboration" rarely ties back to business goals and is usually not a selling point.)
5. If the small project doesn't work, kill it quickly and move on to another "quick win."
What do you think of these tips? What are your top 5 tips for businesses using social media?
A discussion on one of my listservs about Plaxo got me thinking about why I had signed up for it, and why I still had an account. It was many years ago that I signed on (probably when it was first launched). I signed on to see what it is about, but rarely went back. Few of my contacts were there, and those were mostly contacts I have connection with on other sites. So, I decided to delete my account and document the process for everyone.
Do you use Plaxo? I am curious to know what value you are getting from it. Why do you use it?
How to delete your Plaxo account
1. Go to the Plaxo site http://www.plaxo.com and click on the "sign in" button.
2. Sign in. If you don't remember your password, ask for a password reminder. Hopefully you remember the email address you used to sign up!
3. Once you successfully sign in, click on the drop down menu under your name. Then click on "Settings".
4. On the first screen under "Account info" find the line that says "If you no longer want to use Plaxo, you can delete your account." Click on the words "delete your account" (in blue).
5. Plaxo will ask you to confirm the deletion. Note that this deletion (and the deletion of all your contacts) will be permanent. It asks you to review what will be deleted. If you prefer, there is a way to download your content from the very first screen (under "Sync and Back Up" in the menu at the top). I didn't bother with that since I did not have much content or many contacts.
Plaxo also asks for your reasons for leaving, and what they could have done better to keep you to stay.
6. Click on the blue "Delete account" button (above) and voila! your account has been permanently deleted.
Last week I wrote my "Blogger Monday" blog post Sunday night and used the option to schedule it to post on the Monday. I went to sleep, content in having a new blog post under my belt. I have been on Blogger, Google's blogging platform, before it was even owned by Google. Yes, more than seven years. I have always composed my messages directly into the blog, hit "publish" and never had a problem. Until last week.
The next day I went about my day, and it wasn't until late morning that I thought to check in to the blog. Much to my surprise, the new blog post was not there! I went into the dashboard on the back end. Perhaps I had done something wrong? With the WordPress blogging platform, for example, if you leave the category "uncategorized" checked off, the post does not appear publicly. No, nothing there. I checked draft posts, I checked scheduled posts, and I checked all posts. Nothing. I tried searching the posts from the back end, again nothing. I spent a couple of stressed hours. I remembered largely what I had written, but who wants to spend another hour rewriting a blog post?
I checked Google's help forum and discovered a few others had experienced the same problem recently, but no one was offering answers as to why and how to recover. I vented a bit on Twitter, and got a bit of sympathy but again no real answers.
And then I got a message from educator extraordinaire, Diane Bédard:
Backup? Ummm...hrm. I had never thought to back up an individual blog post. I always thought once it was accepted as post I would be safe. Apparently not! My first reaction was to say "I could never write off-line and then post to a blog! Blogging directly into the blog platform is part of my creative process!". I have to admit to being a bit huffy about it. And then I realized that (as is always the case) Di was right.
Backing up individual blog posts
So, my compromise is to write directly in the blog platform, but then to copy down the content at least until the post goes up publicly. That way I always have my last post at least in draft "just in case." I am getting used to this new addition to the workflow, but here is what I do:
Go to the HTML editor for the blog post and copy all content (using "select all" in the browser). This way I capture all the HTML coding.
I then copy it into a text editor rather than Word so that extra Word code is not added to the document. And...save.
If I need to reinstate the blog post later, I would copy from the text editor document, and paste into the HTML editor screen.
So how did I get the post back last Monday? After putting it aside for a couple of hours, I came up with an idea: what about my browser history, was there a link there? I went in, and was very fortunate to somehow (mysteriously) be able to pull open the blog post. It appeared to somehow still be in Blogger, albeit lost. I copied from the HTML editor and then went to the blog in a fresh screen, started a new blog post, and pasted the copied text back into the HTML editor. I was extremely lucky all of this actually worked.
Backing up all archived blog content (i.e. exporting)
In addition to backing up individual posts, what else should you do to back up your blog content? It is a good idea to periodically back up your content in case the site goes down or disappears.
WordPress, for example, has an "Export" feature currently under "Tools":
Blogger has an "Export content" feature under "Settings" and "Basic":
Other considerations in backing up blog content
Other things to think about when determining how you are going to back up blog content:
Think about the format you are exporting the content into.
What about the blog template, especially if you have customized it? On Blogger it doesn't hurt to grab the template HTML (copy from the Template > Edit Template page). In WordPress, keep track of the plugins you have added.
What about blogger profiles? And other pages added such as with WordPress?
Will the content you capture allow you to sufficiently replicate the blog later? Move to another platform?
Where will you store the backup versions of the site? Think about the measures you typically take to back up important content. You may wish to do the same with your blog content.
How often will you back up content? It is a good idea to stick to a regular schedule. Will you back it up daily, weekly or monthly?
Who will be in charge of backing up the site? Who will fill in if that person is away?
I have to admit being a bit cavalier with my own blog, but after last week's incident am starting to realize how much personal equity I have built up in this blog and how I should be making a more concerted effort to back it up. And of course if you are administrating a blog for work or business purposes, you may have even more important reasons to back it up consistently.
When updating blog templates or layouts
Finally, it is a very good idea to have a separate development or test site for making changes to the blog template or plug-ins. Set up a copy of your blog at a separate URL to test out changes. That way if you mess something up, you haven't destroyed your good work on the main site. This is something I see others doing. In the past I would have just tweaked the template of this blog on the fly; however, especially with something like WordPress, code and plug-ins can interact in unexpected ways. As I start to think about changing the template to this blog, I am giving thought to setting up a separate test site so I can play around with options and not risk losing my hard work.
This video depicts how Tesco have adapted their services for the South Korea market. One of their goals was to increase market share while not increasing number of stores. The solution? "Virtual" stores in subway stations. Have a look, this is pretty cool--
Shoppers add items to their shopping carts by scanning QR codes with their smart phones, and then the items purchased are delivered to their homes. This makes me wonder how public libraries might take advantage of something like this? Imagine browsing books while waiting for a train or bus and having them delivered to your ebook reader or home. Libraries have been exploring the various uses of QR codes. This use would certainly attract some attention to libraries, don't you think?
Can you think of other uses of a virtual store like this? Hat tip to Martin Cleaver for sharing this video.
I know I keep harping on about the things I learned at AALL 2011, but there is indeed more. Last week I attended the blogger meetup hosted by the CS-SIS (Computing Services Special Interest Section). We were fortunate to have Meredith Lindemon, owner and operator of Meredith Group, join us. Lindemon is a consultant who specializes in launching the web presence for organizations as well as business development.
She sat with each of our tables and gave us individual advice about our blogs. I have to admit, I didn't expect to learn much since I have been blogging so long and even written a successful book about blogging. But I was pleasantly surprised! I explained to her that I have been blogging for over seven years, help other people to blog, and even consult in this area. But, I was struggling to keep content going on my own blog. I have been a stuck thinking about how I would like to change the look of this blog, and feel this has kept me a bit hung up on posting.
She gave me three pieces of advice to get started again, some of which I apparently have been taking:
Give up on the old blog and start fresh with a new one on a different topic.
Get into the habit of writing each day for just 20 minutes.
Pick a theme for each day of the week and write to that theme. For example, Mondays could be about law librarianship, Tuesdays could be interviews with mentors.
While I felt that the first suggestion to be sage advice, it is not good for me. My blog has been wide-ranging and has developed over time as I have developed my own interests. I want to keep blogging about what I am learning professionally, so don't see a need to start on a new topic or a new blog. That being said, at some point the look will get revamped.
But the other two pieces of advice hit the nail on the head, I think. Writing each day for 20 minutes is a low time commitment, and yet should get me back in the groove of blogging each day. I do a lot of writing throughout the day (Twitter, Facebook, email, blog comments, and of course client reports) so this should not be a stretch.
I am mulling over the idea of a theme for each day. Behind the scenes I have in the past put together series of blog topics only to feel less than inspired when it came time to write the full blog posts once I had completed the outlines. No doubt there are skeletal blog post remains littered all over the place. So, it will be important to pick themes I can sustain. No doubt the best plan of action will be to start with themes I am already addressing, and allow those to flourish. I am still giving some thought to this.
I do like the idea of making one day dedicated to the topic of blogging since I have written substantially in this area. Therefore, I am kicking off the themes with "Blogger Monday". What do you think? What sorts of topics would you like to see covered with respect to blogging?
And what about the other days of the week? What should I cover then? I have some ideas but haven't set fingers to keyboard yet, so there is still time to get your suggestions in.
Thank you so much for joining me in this journey to get this blog rolling again. I think it is about time! I really do hope you will consider participating and adding a comment or two to the blog. That would be some real encouragement!
Having just come back from the AALL 2011 conference, I can't help but think about all the sessions that started off by defining the terminology and concepts being discussed. Kathie Sullivan and I did the same in our session on collaboration tools, explaining what sense of collaboration we were talking about.
Here are a few things I have been thinking about lately with communication and learning to speak the same language in the workplace:
1. It is important for senior managers to get an accurate vision out to staff.
This means a few things:
Make sure everyone is using the terminology in the same way. There are different ways to collaborate; are you talking about the same thing? Are you talking just about co-ordinating with one another, or actually creating something together so that the individual contributions (and contributors) will not be distinguishable in the final work product?
How will this collaboration happen? Who will lead? What are the ground rules?
If you want to see something "innovative", what do you mean by "innovative"?
What is your risk tolerance and how open will this process be?
All of these things need consideration before people magically work together to make your vision a reality.
2. It is important for senior managers to communicate the vision directly to staff.
I see "broken telephone" taking place inside organizations: with communication being handed down from VP or Managing Partner to CIO to Director to Manager to staff. By the time it is handed down through the ranks, and questions meant to clarify go back up through the chain of command, everyone has a different picture in mind and is doing something different. How inefficient!
If holding a group meeting or a group call is too difficult, what about the senior officer with the vision putting the communication into a podcast episode for internal staff to listen to? Or have it video taped and post on your intranet or portal? And allow staff to submit questions in a way that everyone can see the answers to help with the understanding. Of course, ideally the senior person will speak to each individual on the project to ensure they are on side and on track. A periodic call around on important projects would be well worth the time spent.
3. If you are working on a project and are working from directions handed down through various chains of command, it is worth going directly to the source to ensure you understand what is being asked of you.
This was a rule of thumb when I was a reference librarian: if instructions on complex research had been handed down via an assistant or a junior, it is possible something was inadvertently missed during the transmission. It was always better to go directly to the person giving the research request directly to ensure the work was being done correctly and in the most efficient way possible. It was also an opportunity to ask questions and clarify.
4. Keep in mind culture and cultural differences.
If you are assigning work to someone or accepting work from someone with whom you are not familiar, keep in mind that the way in which you communicate may play a role at the outset. Emailing back and forth with people from different countries and of different cultures lately, I notice that in North America our communications tend to be direct and informal. Those in or from other countries may be less direct and more formal.
Think about how your communication may be received by the other person. Will you be seen as too formal? Will you be seen as too kurt and therefore rude? Speaking first by telephone may help alleviate some of this tension.
5. Are you using bad email habits to communicate?
Emailing in ineffective ways may mean that you are confusing others, and slowing down the process. Again, think about how you are communicating and what is most effective.
I love reading tips from my friend Bruce Mayhew since he has some great advice on how to communicate with email. I highly recommend his Email Etiquette blog posts. I have taken Bruce's email workshop and found it invaluable in communicating more effectively via email, and identified a few of my own bad habits of which I was previously unaware.
Your thoughts?
What kinds of communication breakdowns have you seen within organizations or teams? What would you recommend as a remedy? I look forward to hearing your ideas!
These are notes are from a panel discussion session with Scott Meiser of LexisNexis, Dan Bennett of Thomson Reuters Professional, and Steven W. Sutton of YBP Library Services, A Baker & Taylor Company . The session was moderated by June Hsiao Liebert, Coordinator, John Marshall Law School. Note: these are my selected notes from this session; any inaccuracies or omissions are my own. I welcome your comments and follow-up thoughts!
This panel discussion was in a Q & A format, with questions from the audience at the end.
What is the future of ebooks?
Meiser of LexisNexis: People using ebooks in their personal life are expecting them in their professional life as well. There is a continued blurring of lines between online and paper content, also expectation of apps. Are of licensing will need to evolve, as will lending evolve.
Bennett of Thomson Reuters: They have taken an app approach: current ebooks standards are not satisfactory for professional level content. Current standards for ebooks are from the consumer side. Professionals expect things like footnotes and tabular material (sometimes works, sometimes doesn't). The ebook readers don't understand their updates; consumer grade ereaders just don't support this. This will be messy; different readers support different things.
Steven Sutton at YBP Library Services - Good future for ebooks based on current sales. Space is becoming an increasing issue. Also, patrons have changed; today's students expect access 24/7 and expect to have it on their computers.
Survey of audience: How many are academics who have bought standalone ebooks (as opposed to those accessible from databases)? - about 1/8 of the large audience.
They have launched demand-driven or patron-driven acquisitions. A whole new service, a new way to buy ebooks - part of the collection development strategy.
What kind of licensing models are you implementing; how are you implementing digital rights management?
Meiser of LexisNexis: new ebooks start to look more like software than hard copy books. Start to look at unlimited access, pay-per-use, lending directly from the publisher. These are new options, and they will continue to explore. Customer demand will drive the model.
Bennett of Thomson Reuters: He agrees. There will need to be different types of models for different content. You initially come at this from a print model, but it is constrained in ways that do not exist with ebooks. They have heard there has to be an archival version of the content, you cannot "rip it back" in the future.
They expect managing the rights "in the cloud" so you can see what you have access to.
Sutton of YBP: working with clients to understand the license agreements from their providers. They have to educate their customers on how to read the agreements so they can sign. They would ideally create one license agreement that would cover everything. Aggregators have the same problem - when you buy content from the aggregator, what are the implications of the agreement?
What difficulties are there in converting a book to an ebook?
Meiser of LexisNexis: The technology part is easy for them to do; it is the adoption and working with it by libraries that is going to be the difficult to part. What makes sense in what format, and what licensing model is going to be difficult for them to figure out. Consistency is going to cause difficulties for libraries.
Bennett of Thomson Reuters: Page numbers are incredibly important to people, and even when you have content that cites to paragraph or section numbers, you still get people quoting page numbers. There will be a period of transition when some clients will be looking at print, and some looking at ebooks.
Sutton of YBP: They have to be better at describing the digital; the ebook may not be exactly the same as the print and need to be able determine and describe the differences.
The challenge of the Expresso Book Machine was just getting the files. They have a whole new division internally to look at the files and make sure they are formatting correctly.
If you had a crystal ball, how long do you think your companies will continue to produce print?
Meiser of LexisNexis: He doesn't think ebooks are going to be even half their business in the near future. He doesn't see print disappearing.
Bennett of Thomson Reuters: High value books - there is a place for some of these in our world. There will be a "long long time" before the hard copy book disappears altogether.
Sutton of YBP: Turn the question around; how are you going to satisfy patrons who want print when you have bought ebooks? You may want to print on demand, possibly just chapters as needed. There is a question coming up as to whether they can discount books if they buy the ebooks; this is a pressure they are getting.
What types of content do you plan to put into ebooks first?
Meiser of LexisNexis: Customers expect all of their content to be online. The expect all of it to be available by first quarter of next year; 75% done by end of this year. Some of their books they can't afford to reprint in paper which they can put into ebook, so there should be more varied content.
Bennett of Thomson Reuters: A lot of value to give books that attorneys use every day in a format they can use on their ipads. Textbooks - they are doing some casebooks already.
Sutton of YBP: Encourages publishers to make their content either in digital format or at the same time as print. Customers want the option, they want no embargoes. Embargoes means libraries are forced to choose. Make titles available in a timely fashion as ebooks. (Show of hands: everyone in the audience agree).
What platform will your ebooks use?
Meiser of LexisNexis: Are aiming to be device agnostic, publishing in both ePub and Mobi as long as both models are used. Readers don't have to learn a new platform. They expect there will be a faster evolution than they could ever support so they are not going to get into the eReader business.
Bennett of Thomson Reuters: Didn't want to dumb their content down to consumer grade level. Delivering a number of platform features. Notes and annotations need to move to subsequent versions. Full text search - they have the full text search of Westlaw sitting on the iPad. They have their own platform that they can't deliver to the level they want to their own content.
Sutton of YBP: They re-sell the ebooks as they are; they do not try to standardize. They try to help clients understand what they can do with the various platforms.
Q&A
Q: Have you started working with your authors to introduce multi-media components?
Meiser: Yes, with their more tech-savvy authors who can see the need.
Bennett: Thinks they will.
Q: Is there a reason why books themselves can't be multimedia apps?
Meiser: need to look at whether it should be a book or an app
Bennett: for the volume of titles they have Apple would not let them put out that many apps, but they have done it for Black's Law Dictionary.
Q: How soon will things no longer be out of print.
Sutton: "About an hour." :) - Google is doing a lot of this.
Q: But what about out of print in the future?
Sutton: In the print world, "out of print" meant the publisher felt there was not enough business to continue it.
Bennett: There will be no incentive to throw it away, so it will not be a problem.
Blog post update August 1, 2011: The link to Dan Bennett's profile on LinkedIn has been corrected.
These are notes are from a panel discussion session with Nicole Engard, Director of Open Source Education ByWater Solutions, Ted Lawless, Library Applications Developer at Brown University, Jason Eiseman, Librarian for Emerging Technologies at Yale Law School Library, and Tom Boone, Reference Librarian, Loyola Law School. The session was moderated by Cynthia Bassett, University of Missouri Law School Library. Note: these are my selected notes from this session; any inaccuracies or omissions are my own. I welcome your comments and follow-up thoughts!
The speakers gave us an introduction to each coding language, and we saw an example of each.
Nicole Engard on MySQL
http://web2learning.net - presentation will be posted
MySQL = My Structured Query Language - relational database management system, usually accessed via a web interface. Licensed under the GNU GPL, meaning it is Open Source and used in a lot of Open Source applications.
Who's using it:
Wordpress
Drupal
Wikipedia
Facebook
YouTube
Flickr
Ebay
Google (not searches)
Using the code for Koha, she created a table and then inserted data into the table. It is not necessary to enter data into every field unless a required field.
She then showed us how to query the table using the "SELECT" statement. Headings in query results can be created for combined fields with the "CONCAT" command. She showed us how to pull results from two different tables to give meaningful results. The most common use for reports is for end of month or end of year statistics, so date and time functions are used extensively in queries.
a "power tool" that can do anything such as manipulating data, building websites and running libraries. The tools for this have become better over the years.
Librarians' work is data oriented. It needs to be harvested from various sources, repackaged, and used in our systems so that our users can learn from it. We use tools such as Excel and MARCEdit; using Python is taking it to the next level; flexible and can be adapted quickly.
Data types - identifies and classifies types of data Reads data from spreadsheets - .CSV files (his example was showing reading a Bluebook citation from a table)
He showed us querying a file, searching for records via Z39.50, creating MARC records, building reports from the ILS, and harvesting data from websites not already in a .CSV file or in MySQL.
More advanced: for reporting, they had a script that ran every night to pull ILS data, used MySQL to put it onto a little website. Built with a Python tool called django for building websites.
HTML 4.01 - 1999 XHTML 1.0 - 2002 XHTML 2.0 - 2006 Web Forms 2.0 - 2004 < focused on advanced web applications
2008 - HTML5 standard started 2012 - expected to be a candidate recommendation 2022 - expected to be finished
All standard browsers support HTML5 today; Apples, iPhones and Androids also support it; however the only browser currently supporting all of the elements is Opera.
HTML5 uses semantic tags to structure an HTML document;
good for accessibility for working with screen readers.
a lot more support for additional microformats
He showed us some of the graphical changes allowed by HTML5 and some new form elements that look the same on the computer but look better with a mobile interface. http://www.jasoneiseman.com/aall11/forms.html shows all of the forms available.
Last year he used Javascript to draw on Canvas to map out carrels in their library. He thinks they will be able to use graphics, Canvas and Javascript to create interactive overlays. See http://www.jasoneiseman.com/aall11/canvas.html and http://paperjs.org/ for examples.
Audio, similar. See http://www.jasoneiseman.com/aall11/audio.html for example.
HTML5 can delivery functionality to off-web applications (i.e. when not connected to the Internet).
http://jasoneiseman.com/aall11.zip (all files from this presentation)
Tom Boone on CSS: Cascading Style Sheets
http://www.slideshare.net/tomboone
Without CSS, content is not unreadable. Tom showed us the Amazon.com, New York Times and Facebook websites without CSS - largely unusable to the human eye.
Cascading Style Sheets
Cascading - the cascading feature has changed in the way it works over time
browser style sheet (default styles)
site style sheet(s) - overrides the browser defaults - this is what web designers work on
user style sheet(s) - not used very often; users can overwrite styles e.g. he has a style that hides the comments on news websites
Style
font size, type, colour, format (bold, italic, upper case)
Sheets
linked - applies to more than one page - make the change once and it shows up in many places
embedded - embedded but appears in the head portion of the web page - has a CSS rule defined in the head.
inline - property directly embedded into the page - almost impossible to override, so avoid
CSS Syntax (see also: http://www.w3schools.com/css/css_syntax.asp )
p {color: red;}
p = selector - paragraph tag - everything within the paragraph tag will show up red. Could be
etc.
{color: red;} = the declaration
can be more specific using classes, IDs and descendant selectors
e.g. p.summary{color: red;} - only applies to paragraph tags that have been given a summary class
Class and ID work very similarly, however ID can appear only once on a page; a class can appear many times.
p#summary {color: red;} - an paragraph with an ID of summary
Descendent selectors - a more hierarchical rule
ul li {color: red;} < white space - any descendent of a list will get the red
Classes/IDs can be combined with descendant selectors to create increasingly complex rules.
These are notes are from a panel discussion session with Joan Axelroth, Axelroth & Associates, Anthony A. Licata, CFO of Dechert LLP and Nuchine Nobari, Library Director of Edwards Angell Palmer & Dodge, LLP. The session was moderated by Sarah Mauldin, Head Librarian of Smith, Gambrell & Russell, LLP. Note: these are my selected notes from this session; any inaccuracies or omissions are my own. I welcome your comments and follow-up thoughts!
A panel discussion...
Is it ethical to charge clients for online research?
Axelroth: ABA put together an opinion on charges other than professional fees - library, computer research, third party providers - should be treated differently. You can charge for computer services, paper, person running the searches, etc. You have to pass on any discounts received from third party providers.
Can firms add a mark up to online search charges?
Axelroth: The fairness factor: is it fair to the firm's clients and the firm's attorneys. Are paid clients subsidizing non-paid clients? (Are you non-paid clients your larger clients who have negotiated this?)
Licata: Dechert model - most libraries have fixed fee contracts with the large providers and pay a retail rate for other 10%. There is risk to chopping up a fixed fee contract - they create a usage model, put all the usage for a month in and then "chop it up". They also look for trends; e.g. February has fewer business days than March, so individual searches that month cost more so they make sure they take a loss on every search. They actually mailed cheques back to their clients because they were able to reduce their online costs. "Usage swings wildly" so they track it carefully.
What are the trends on recovering for services that firms pay a flat fee for, regardless of use?
Axelroth: Percentage of recovery of costs by firms is going down. Indications show this is only going to come back a little. "Slicing and dicing is getting so complicated" partners are not understanding it and cannot explain it to their clients, so they are writing things off.
Does your firm attempt to recover costs for other services (especially local pay per use services) e.g. BNA, Bloomberg Law, Casemaker, CCH Intelliconnect, Fastcase, Hein Online, Loislaw, PACER, RIA Checkpoint.
Licata: They have tried to take the discussion away from the billing partner. They don't expect partners to; they ask the client finance person talk to the firm's finance person to walk through it. They make the attempt to pass savings along to clients. Clients are welcome to discuss deals up front, but they are not comfortable just billing full cost to clients.
Nobari: it is sometimes comparing apples to oranges. Lawyers would only go to alternative sources if they are as sophisticated sources as Westlaw and Lexis. Her only success is Fastcase; it has fewer bells and whistles for just basic reading of cases. They used this to manage use of Westlaw and Lexis. Lawyers are more reluctant to use Bloomberg Law, so they had less success with this service.
What is the trend with regard to following up on online charges that are written off?
Axelroth: 62% of firms track write-downs or write-offs of electronic research charges to see what can be billed back. The goal is to try to change lawyer habits. You need management to support this, and possible a reward/punishment system.
Licata: library staff don't running around up front trying to figure it out; they put in a "fairly diligent budget process" a few years ago. If the lawyers don't put something on a client bill, it is put into that lawyer's departmental budgets. Budgets got a lot of attention; they looked at because there were other things they wanted to spend their budgets on.
Nobari: spend 2 hours of staff time every week: letting the lawyers know if there is a better way of doing research because they may not know the most efficient way; they email aggressively to encourage lawyers to bill back to clients rather than charge back to office. They have decreased usage of Westlaw and Lexis by 20%. Start with your 20 least effective users and follow up with them.
What is your firm's average rate of recovery for Westlaw and Lexis research costs?
Licata: they recover about 70% of their contract spending. It is a line item everyone understand. Clients don't necessarily understand why lawyers need to have legal research, they expect the lawyers to know. You need better communication with the clients showing value. Help put clients' focus on their overall value from the law firm's work.
Nobari: they fall pretty much within the same ranges. They work with consultants to compare, and they are comparable to others.
What are the trends for using cost recovery tools like OneLog, Research Monitor, Lookup Precision?
Licata: It gives them more data, but he's not sure it helps them recover more. He gives a qualitative "yes it does" because information helps you back up your argument when trying to change lawyer behaviour.
Axelroth: using software for recovery is one reason, but you can use it for things like acquisitions decisions and others. Even if you are not charging back (rolling online charges into overhead), have attorneys input client matter number to get an idea of needs by individual clients. Greg Castanias gave an impassioned talk at the PLL Summit asking us to put pressure on the vendors to give libraries what they need to get results.
Nobari: a research tool to help you qualify and quantify are useful. Librarians are the ones who get calls when something is going wrong with the vendor databases. Make sure you are part of the conversation when your senior management want to change the research services the firm subscribes to.
Are clients pushing back against paying for online research resources?
Yes.
What is the trends for firms no longer charging back?
Licata: you need to understand what your base level of overhead is, and what $ is needed back to keep things going. Firms ultimately will not be recovering less, it will just be recovered in different ways. He thinks clients are asking the wrong questions. Clients who ask not to pay these fees are asking firms to be less transparent.
Nobari: the lawyers' margins on specific work are so thin since they are now moving to flat fee and volume arrangements for clients.
Axelroth: in response to Licata, says you can still track what research has been done for the client. You still want to track this internally. (Licata's response: he was not saying they would be less transparent, he was just looking from clients' viewpoint).
Q&A
Audience comment: they blocked 1000 "mysterious" client numbers that did not get research billed back; also, she is seeing dramatic shifts of "new guard" products replacing use of "old guard" products by tracking usage.
Licata: doing what they do depends on the firm culture.; they try to run their firm more like a business than a law firm.
Licata: library costs are less predictable than other firm expenses such as leasing space costs. He puts the responsibility for recovery of costs on the shoulders of accounting departments, telling law firm CFOs with respect to working with libraries: "If you don't learn what they do and how they affect financial statements, how are you going to teach them about financial statements?"
Q: fixed fees of attorney costs?
Licata: varying levels of usage for all these tools. He encourages discussion around costs early. Sometimes it becomes a volume issue, so it depends on what the firm is doing.
Q: looking at possibly rolling these expenses into overhead and want clients to know this is what they are being charged to. Thinking of rolling it into a "research charge" charged to all clients equally. Are there ethical concerns?
Licata: being transparent is the right thing to do; however, client doing 15 real estate transactions is going to question 15 research charges. Law firms don't get all terms of arrangement into the agreements; don't have a handle on how we do research. Need more documentation in the arrangement letters.
Q: Usefulness of the tracking services from the publishers?
Nobari: Neither PowerInvoice from Lexis nor Quickview from Westlaw provide you with enough information to be used in negotiations later. They are not research tools.
Q: if they role the cost of the two flat rater contracts together and bill clients back according to that, are there any ethical problems with this? They are not looking to make a profit.
A: No ethical problem if you are not making a profit. It is an interesting idea.
Nobari: get an opinion on ethics from a lawyer so that you do not get caught in the middle. Let the lawyers decide how much they want to bill the client.
Comments: Do we add value to the firm when we follow up with lawyers about expenses being written off? You need to also look at actual recovery as well. She asks the lawyers "Was there a problem with the service? Did you not get the service you wanted?" The third party tools helps her see where someone needs more training.
I am at the American Association of Law Libraries 2011 Conference in Philadelphia. These are notes are from talk by Dr. Barbara B. Tillett of the Library of Congress and John Mark Ockerboom of the University of Pennsylvania. Note: these are my selected notes from this session; any inaccuracies or omissions are my own.
Dr. Barbara B. Tillett, Library of Congress
DBPedia - example of a linked data, open data project
Community effort to extract structured information from Wikipedia and to make this information available
covers 3 million things that are interconnected
meant as proof of concept/prototype, but fully working now
linking Wikipedia to lots of other content on the web (videos, websites, etc.)
libraries got involved in the linked data network with University of Sweden getting involved first
Library of Congress Subject Headings now linked
Virtual National Authority File also linked
All our data can be freely accessible on the web, or available for a fee; now we can share in the cloud via the Internet. Data can come from publishers, data sources themselves, libraries, and from anyone else who wants to help describe the data
Bibliographic resources are available now, and vocabulary being added.
Three projects the Library of Congress is involved in:
simplifies authority control (creation and maintenance) internationally
From the VIAF website:
VIAF, implemented and hosted by OCLC, is joint project of several national libraries plus selected regional and trans-national library agencies. The project's goal is to lower the cost and increase the utility of library authority files by matching and linking widely-used authority files and making that information available on the Web.
e.g. if bibliographic data appears in Japanese script, VIAF could be used to show this to users in Latin script.
Originally thought national bibliographic agencies in each country should be responsible for the authors in their own countries; however, this is problematic because different countries have different cultural needs.
VIAF now has 18 participants with more adding on. There are 21 different authority files as some countries have different languages.
All of the terms in the VIAF data are represented by URIs and are linked data. VIAF itself is using unicode so they can handle any script characters. MARC 21, UNIMARC and RDF are all supported.
Usage of VIAF tripled last year.
They are mining data from bibliographic records to create a derived authority record. All of the data is normalized (diacritics and capitalization removed). Subjects are group, material types are turned into a code; publication date turned into a decade; co-author pulled out. Take the author record and attach derived authority data to it to created an enhanced authority record.
A lot of information can be derived from bibliographic records e.g. areas of interest of authors, for how long those people published, who they worked with, alternative names they published under, etc.
Tillett encourages us to use VIAF - "It's fun!" VIAF shows us how we can more creatively (and graphically) represent data from our MARC records.
Next steps for VIAF
better searching
more "Linked data"
Participants beyond libraries
have Getty signed on
Rights management agencies, publishers
museums, archives
have been working with ISNI project to include their information
want to add more name types (beyond personal and corporate names)
Have put the Library of Congress Subject Headings into SKOS. You can search e.g. "animated films" pulls back three entries. You can suggest subject headings (under the "terminology" tab) to them, even if you are not a member.
You can go to the "aquabrowser" display that visually shows headings into graphical interface (with circles).
3. RDA (Resource Description and Access)
RDA controlled vocabularies - currently free on the web at Open Metadata Registry (RDA element sets and RDA vocabularies available).
http://metadataregistry.org/schema/list.html
Metadata includes the URI for every one of the terms.
Originally created in English: also in German, and Spanish and French being added (French so that Canada could use it).
RDA Linked Data - all linked data can be displayed using linking URIs. Depending on the user's view, all of the linked data can be displayed in one particular language.
What is slowing them down: current ILSes (integrated library systems). "They are still working in 1970s technology mindsets. They do not take advantage of this."
John Mark Ockerbloom, University of Pennsylvania Libraries
Increased use of linked open data will improve discovery significantly
Some definitions:
linked data:
data that you put on the web that has resolvable, persistent URIs.
creates a web of data that machines can be used
open data:
data that welcomes reuse, with little or no restriction
may included linked data
people may reuse, remix, mash up data, and give results back to the community
if you open your data, make it easy to get in bulk
a coded format, easier for a machine to understand
once you have this information, you can do analysis
Penn Libraries were able to pull the Library of Congress Subject Headings to pull down data and apply to their catalog to improve the quality of their own data. Also, using linked data they can enhance the catalog so that researchers can find data e.g. movie An Inconvenient Truth was catalogued under "global warming" but not "climate change" so may not be found.
The Online Books Page - http://onlinebooks.library.upenn.edu/
They have used these technologies to created listings of 1 million books freely available on the Internet, and to let people to easily search the subject categories.
He talked about libraries pulling data from external sources and combining it with what we have in our own collections.
Another example of a project using linked data: Cornell and others are building VIVO - a network showing university scholars and what they are doing (publishing, where their funding is coming from, who is collaborating with whom).
Getting started:
Don't jump in the deep end right away. "Make good data" and then make it available in one of these systems. Adapt and improve your own data.
Consume and adapt others' data to create practical applications
collaborate with a growing community of collaborators
One of three sessions in the PLL Summit Administration concurrent sessions track. These are notes are from talk by Larry Guthrie of Covington & Burling LLP and Doug Malerba of McKenna Long and Aldridgeon developing collaborative communities. Note: these are my notes from this session; any inaccuracies or omissions are my own.
Larry Guthrie on Collaboration in Libraries
Larry Guthrie says that libraries are all about collaboration; collaboration has a positive tone today. There is an emphasis on building a team culture.
6 types of collaboration by libraries
historical perspective - libraries were originally a collaboration e.g. most monasteries created one place to hold all their books.
through inter-library loan - "the more we share, the more we have" - libraries by nature are collaborative, helping each other as well as those inside our own firms.
in various locations - telecommuting, embedding librarians in branches, face-to-face meetings are preferred
using various communication techniques - social media (wikis, blogs, Twitter, etc.), Harvard's 5 Tips for Better Virtual Meetings (purchase required), communication across generations.
over various disciplines - with other fields and specific areas of interest - the public library can be the hub for a number of communities, can facilitate this with social networks. New book coming out: Collaborative Governance by John D. Donahue and Richard J. Zeckhauser.
for activism on behalf of librarianship - library associations are partnering with other organizations to advocate on various issues. Librarians need to work with other information professionals to lobby on behalf of libraries.
Doug Malerba on Virtual Teamwork: The Life of a Teleworking Law Librarian
He now teleworks exclusively from his home in Connecticut. Teleworking is common; most knowledge workers work from home one day a week. However, it is still fairly rare in law firms.
In his case, his wife was given a job opportunity in Connecticut so they decided to move. He thought he would have to find a new job.
Advantages - worker
cost savings
decreased interruptions in work day
improved work/life balance
geographic freedom
Advantages - employer
cost savings (real estate, utilities)
employee retention
increased productivity
decreased absenteeism - people can still often perform their duties even if they might not have been able to go into to work (sick, family member sick)
business continuity
Advantages - society
cost savings (roads, infrastructure)
decreased traffic
lowered air pollution and greenhouse gas emissions
energy security
He had to determine which duties were tied to his physical location and could no longer be performed:
shelving
periodical binding
However, is primary functions could be performed virtually
reference desk
working with government affairs group
subject alerts
ILL
document delivery
e-resources management
He was able to do most of the work.
His proposal to work virtually came at an opportune time: his firm was looking to reduce operating costs. Also management believed in telecommuting. He started by working 25 hours per week by telecommuting.
The started using "unified reference", that allows expanded reference services provided by the librarians across the firm's offices. He noticed that communication between librarians in different offices improved; there was increased awareness of librarians in other offices.
During "snow-mageddon" requests from the attorneys continued to come in; he
was one of only a few librarians who was able to work meet the need.
He has now regained his full-time status.
Telework challenges:
It is essential the virtual employee create and retain a robust identity to be seen by other employees. It is essential to use all forms of communication in addition to email: voice, teleconferencing, etc. People need to see a living, breathing human being and a colleague.
Professional isolation is when an employee loses connection to the organization's employees and culture. This can lead to feeling less motivated.
Social isolation - working alone can be harder for some people.
Employee burn out is a risk - absence of distractions can be a double-edged sword if employees don't take breaks or establish boundaries. It is important that the employee "turn off."
When you work remotely, there is an expectation that you can handle basic computer trouble-shooting issues. Also need to maintain connection with those who can keep you running remotely.
Need support from management - need solid support, need to feel connected.
He is now collaborating with Joelle Coachman on uses of social media. They are also looking at other new tools, such as reference monitoring.
Many of us are already serving clients remotely; we can now take advantage of telecommunications.
Jack Niles - coined the phrase "telecommuting" - predicts this term will disappear as it becomes more common.
A great compliment: one of his lawyers did not realize they no longer worked in the same office after a year of his telecommuting.
People have to get over the psychological barriers - there is an idea that everyone working from home are in their pyjamas watching TV. Comment from a manager in the audience: if you have a diligent employee, there is no need to expect their attitude to change when they start to telecommute.
One of three sessions in the PLL Summit Technology/Tech Services concurrent sessions track. These are notes are from talk by Joelle Coachman, E-Resources Librarian at McKenna Long & Aldridge LLP and owner of Info-2Go Legal Research Services, on integrating new technology into your library. Note: these are my notes from this session; any inaccuracies or omissions are my own.
Joelle Coachman gave a lively talk comparing the law librarian profession and law firms with Star Trek.
Note that different generations relate to different generations of Star Trek. Summer associates see William Shatner as the "Priceline Negotiator", not Captain James T. Kirk.
As librarians we are "Data", the data gatherers. Focus is on the vertical engagement, delivery of information up to those we report to. She encourages us to work more in the horizontal, which is more challenging.
Social media is the "bad guy" in the room - you might miss key information if you are not searching in social media. Most of us see it as a research tool rather than an engagement tool. Most of us are private and do not want to share. It is the "monster" in the room; we don't view it favorably.
The Borg - a lot like a social network - they have no thoughts of their own once assimilated. "Resistance is futile". It creates connection between people; be careful it does not become a negative for you. The way vendors are using data that is being collected.
How can we take a Borg-like existence in social networks to instead becoming more engaging and in control? The information proliferated in social networks "is huge" and were "giving it all she's got, Captain". If you are following blogs, you have to make it a daily habit. Make your social engagement, whatever avenue you choose, part of your daily habit.
Twitter is valuable, breaks news. But the trouble with Twitter is that it is prolific - too many tweets are not valuable. Engagement is different than anything else we have done as law librarians. She has been following others for a long time, but has only recently started talking with others on Twitter.
Tips:
When you first set up your Twitter account, watch it for a while. It takes a while to fine-tune it specifically.
You don't have to follow the world; it is your private domain; follow who you want.
When you first start, know who you are following.
If tweeting, keep in mind you cannot speak on behalf of your law firm. Keep in mind you are doing both personal and professional mixed together. Know your purpose and know what you want to say. She personally tweets about library and personal topics "all mixed together."
People often take key phrases from speakers and tweet them, and then have "little spurts" of discussions. Mark those tweets with tags.
You need to know the language of the interest group you are speaking to. Use hashtags to connect with those and other interest groups. So often we keep what we do in the back as "housekeeping" but if you share with the larger world, they will gain respect for what we do. This is horizontal engagement.
Cultivate and share who you are. It gives you the opportunity to be individualistic.
Earn the right to tweet the link.
Organize your social house. She recommends using a third party dashboard such as Hootsuite to allow for following different channels of discussion from the broader community. Otherwise you have to actively build habits to go search certain hashtags. TweetCaster, Tweetdeck and others are available.
Other considerations:
Mobile devices help. If you are not mobile, you will have to work that into your engagement. You don't have to text message, but if you can get a device that allows you to follow conversations, it will help you be connected and be relevant in a fast-paced environment.
LinkedIn - 2 billion people are using it; possibly 500 million are engaged day to day; it is growing and there is a definite change in the way people are using it. Use it for external sharing - how many people shared that you are going to be at this event today? Don't just share with your peers, but share with others you are connected with to show you are active professionally.
There is nothing wrong with asserting ourselves and talking about ourselves.
LinkedIn tips:
Maintain an updated profile - it is like keeping your resume up to date, but easier since they facilitate addition of information in a standard format. You never know what opportunities will come to you.
Use your custom URL
Join or create groups; there is not harm, you can un-join if you do not like it. Get into a habit to go to the group every day or set up email notifications to send to you every day.
By working with LinkedIn, it will help you answer questions about it later.
Strategic linking: use the "share" button - share to LinkedIn articles you are reading. You never know who in your network will find it interesting as well.
Don't hesitate to ask for recommendations. Lawyers cannot always have recommendations because of bar association rules, but law librarians don't have these rules. Even if your firm doesn't post your bio, you should have a bio on LinkedIn. It gives her the opportunity to reach those who would not have found her through her firm.
When you are sharing articles and links, send via LinkedIn, even to people internally. She found over time that people in her firm started to re-share links around to their followers.
"Make it so!" We can sit in the Captain's chair and drive the ship where we want it, contribute to the enterprise with "happy eyes" rather than fear and trepidation.
She was also asked about use of Facebook. She uses Facebook personally but not as much professionally. The training she does now has forked toward LinkedIn. She encourages law firm librarians to make it personal rather than professional. If businesses want to be found, they have to be there, but think about your focus. If you are not using LinkedIn as a professional, you need to question why. It is where the professionals are.
One of three sessions in the PLL Summit Technology/Tech Services concurrent sessions track. These are notes are from talk by David Curle of Outsell on transformations in the legal publishing industry. Note: these are my notes from this session; any inaccuracies or omissions are my own.
$15.5 billion - publishers in the legal, tax and regulatory industry worldwide
2008 was the first year they went into negative growth; came back slight in 2010; expect it to take another 3-4 years to get back to where they were pre-2008.
Three companies dominate the space: LexisNexis, Thomson Reuters and WoltersKluwer hold about 70% of the market place. BNA is next with about 2% market share. It has made it difficult for anyone else to break into the market because they keep getting "gobbled up" by one of the big players.
It is difficult to describe the major players because depending on what part you see, you see something different. We tend to think of the "big three" as legal publishers; however, they serve a number of markets. Curle has broken the top three by type of legal information; about a third of their revenues is U.S. legal information. About a quarter is non-US legal. The rest are other areas such as corporate, government, academic, tax, governance and compliance areas. So only about $3.5 billion is generally derived from US law firms.
How much revenue do law firms bring in? About $400 billion. The largest firm brings in about $2 billion. It is a very fragmented industry, making it difficult for providers who work for anything from $2 billion business all the way down to a solo practitioner.
$40 billion - the 10% of law firm expenditures that firms see as needing to cut. Legal vendors looking to expand into this space, the "business of law" such as in the IT area such as servers hosted in firms, etc. Vendors are pretty entrenched in their existing legal information areas and need to look to these ways to expand.
What do law firms do?
Develop strategy
Deliver legal services
Run their businesses
Market themselves
He uses Thomson Reuters as a case study, but similar things happened in WoltersKluwer and LexisNexis
Thomson Reuters' role, 1996 > were not addressing these four areas
Thomson Reuters' role, 2009 > expanding into these four areas
Thomsone Reuters' role, 2011 > purchased services in these areas, now starting to compete with their own clients e.g. Pangea3, a legal outsourcing area; Hildebrandt and others
This transition is not unique; it is happening in other industries they are tracking. A business-to-business publisher has gone from publishing about marketing to actually doing marketing on their clients' behalf.
See Susskind's Grid: Toward an uncomfortable quadrant - describes where technological change is most likely to take place. Acquisition of Pangea3 puts Thomson Reuters in the upper right quadrant - online legal services. It involves clients directly, and it is not just about technology; it is about law firms' proprietary skill.
Questions from law firm and corporate libraries survey: How are law firms managing all of this change? Especially given the challenges they are already facing? How are law firm libraries different or similar to corporate libraries?
The responses showed that the corporate world felt the economic crisis faster than the law firms. Techniques for survival showed up later in law firm libraries. Part of strategy is comparing what you do versus what you do not do, and technology poses a number of these questions. Technology is front-and-center.
In the area of vendor relations - what techniques are librarians using to evaluate products? Law firm libraries tend to rely heavily on information provided by the vendor. They look at the products themselves, look at demos, look at the contracts, and then get feedback from some other buyers. Law firm libraries do less than corporate libraries: putting out requests for proposals, developing requirements lists, comparing products.
What can we expect from vendors and other players, and how will it affect law libraries?
A continuing divergence of products and sub-groups; more targeted products. Offerings may even be by size of firm. LexisNexis is putting a push on to get back to smaller firms and solo lawyers, for example.
More niche players and disrupters - especially as legal information access becomes more open. New information companies can come along and make new products out of it. In the past the three big vendors had control of the information.
Law libraries need to invest in strategic planning and vendor portfolio management - what competencies and skills do library staff have that can serve the firms? Is there anything we need to give up doing? (He referred to Steven Lastres' comments in the KM session earlier today).
Move toward Susskind's upper quadrant - providing more services directly to clients, the same as legal information providers are trying to do - high value, client-proximate solutions.
Help to shake off the primary law mindset - most law graduates have a primary law mindset, jumping directly on Westlaw (or more likely Google) to pull up primary information. So much legal work is pulling up primary legal sources "in a hap-hazard way"; he sees this as a shame. What is being lost is the sense of context and legal doctrine they used to get from working with legal treatises. Small firms and non-lawyers will start to use more free and cheap legal services. Lawyers in big firms need to be able to use other higher-value sources.
More collaboration and peer-to-peer for content creation - libraries need to help facilitate this. You get better information from getting people talking to each other than from experts (knowledge sharing among peers). Need to help corporate counsel and non-lawyers collaborating and help to create the legal information e.g. building code information. This should be part of knowledge management efforts.
Vendor relations needs to be about data: ROI, usage and pricing. Introduce more and more data into the evaluation and purchase of products. There is no trust that vendors are providing right and appropriate data; the law firm librarians need to introduce this as an idea.
He doesn't have solutions, but hopes this talk helps us understand the dynamics going on with legal vendors.
One of two lunch speakers at PLL Summit. These are notes from a talk by Greg Castanias, Partner at Jones Day on how librarians (and library partners) add value to their law firms. Note: these are my notes from this session; any inaccuracies or omissions are my own.
Greg Castanias related a story about how their libraries came to be coordinated under a global library partner. He talked about how their various offices are being supported by the libraries.
He outlined who law firm librarians work with:
Library customers
Firm management
External vendors
He urges us to adopt the model for dealing with internal clients: adopt a customer service model. Speak the talk of a service, not of a "space." E.g. What is your problem and how can I help you find the answer?
He suggests:
putting out a newsletter
publishing photos of the professional staff so people know who can help them
put tips into the firm newsletter
making services seamless so that library staff in other offices can take over work
"If you are sitting in your library waiting for your clients come to you, you are doing it wrong." "Change is not coming, it already came and has passed you by."
Ask yourself if the library space, physical collection and staff the right size? Is the library adding value, or perceived as adding value, or perceived as being a drain? You can earn gold stars by offering to give back space for new staff.
When he told lawyers about case law in Google Scholar via firm newsletter. He got a lot of feedback back from lawyers who thanked him for being sensitive to their client cost needs.
Castanias then talked directly to vendors:
"Vendors, your business model is broken." Demands for increasing costs do not make sense. Others do not provide sufficient tracking, forcing firms to buy third party tracking services to see how the firm's own lawyers are using the services.
"You fail to understand how we do business while seeking partnership with us."
"We are eating a significant amount of our contracts with you."
"You acquire and acquire and acquire, but you are incapable of integrating your businesses in any meaningful way." Businesses may be under one umbrella name, but firms are forced to deal with them all as individual businesses.
Libraries are heading toward a virtual approach. Clients are going to expect virtual libraries as part of the firm's overhead; they are not going to accept disbursements in the future.
He predicts vendors are going to see more consolidation and elimination. He tells the vendors to find ways to distinguish themselves. He implores vendors to treat law firms as clients.
"We are willing to pay for value." He encourages vendors to create the right services for the right clients, and to come up with a better pricing model.
He says the "winners" may be vendors that do not exist yet. Beware that other publishers are finding that they being passed by, and legal publishers need to beware.
The second half of the morning at PLL Summit allowed attendees to attend 2 out of 5 summaries from the PLL's Law Firm Management webinar program (we got to choose which two). These are notes are from a 30 minute session with library and information management consultant Joan Axelroth on law firm administration. Note: these are my notes from this session; any inaccuracies or omissions are my own.
Q: How will these likely changes in law firm management models impact traditional library/information services?
A: Obvious answer: budget cuts, reduced staffing and access to services.
One law firm embedded their librarians into departments; this was very successful. Their billable hours have increased (doubled!); they may be a way to use this to justify more staff.
Has anyone thought about not pricing library time hourly? In some firms it may depend on the arrangement with the clients - some time billed to clients; some written off. Even if the firm is using alternative billing methods, they still need to account for time and still ask the library staff members to track their hours.
In some firms, marketing departments are now hiring librarians directly. This new market is forcing librarians and other departments to partner more to get things done. One librarian related a story of creating a business analyst position within her library; within a year it was moved to the Marketing Department.
The mantra is to break down silos, but it is difficult to collaborate.
With vendor products aimed at different departments, they try to use economies of scale to share services between departments.
In one firm the CIO was put in charge of the electronic resources. This was expected to be horrible; however, it turned out to be useful. It brought departments together to talk about the resources; it reduced duplication and also helped the CIO understand how difficult it is to turn down an attorney when he or she needs a resource simply based on cost.
What have you done to support the changes your management has been making in response to the economic downturn?
One response: they had to write a monthly report. It was dreaded at first, but forced the library director to set down what they were doing, geared them up for what was coming up.
Some partners are now micro-managing more. What is the budget, how far off are you on your budget, do you have any new contracts? You have to address what they want to know. How do you get them to listen? You need to say it in a way they will hear - the value they will get. Put it into terms they will listen to e.g. dollars and cents. If you don't find the right approach, try it again. Do they want a quarterly oral report, do they want a written report, do they want one page, bulleted?
Some tips from the group discussion:
You should be reading what Hildebrandt is blogging and publishing.
Be ready for an elevator speech.
Follow clients in the news and be ready to talk about them.
It is amazing how much your vendors know about your organization - they may be able to point you to people internally to speak with.
If you have ideas about making the firm more effective and cost efficient (that clients are looking for), how do you communicate that?
Becomes political - you have to be careful not to go over someone's head. You can't go over the other departments and speak directly with the managing partner. Instead try to talk with the other departments and come up with a new model first.
Even though you may have an org chart, it may not show you where the real power is. You can learn where the power is and use it to your advantage.
The second half of the morning at PLL Summit allowed attendees to attend 2 out of 5 summaries from the PLL's Law Firm Management webinar program (we got to choose which two). These are notes are from a 30 minute session with Steven Lastres, Julie Bozzell and Toby Brown on law firm libraries and knowledge management. Note: these are my notes from this session; any inaccuracies or omissions are my own.
KM is about working smarter. KM strategies are a way for law firms to become more competitive. Firms need to make their young associates as smart as they can be, as fast as they can be. Teaching them the tools to get to the actionable items should be the focus. KM helps improve client/customer service - e.g. library staff share what they have done and learn with others, especially if they are in a global environment - you need to capture the links, documents and PDFs that were found during research.
KM Projects that require librarian competencies:
Intranet/portal content development
Creation of expertise databases
Database development & maintainance
Taxonomy, development of controlled vocabulary
Project management
Statistical analysis
Search engine optimization
If your library is not into KM, how do you get there? You will not be invited - you need to get yourself involved. Prepare your "brag bag". Lawyers are not necessarily struggling with the research databases; they are struggling with the other tools they have access to. We have expertise and can help them; we should approach IT.
Best bets and ideas:
help review what people are searching for on the intranet, work to offer up "best results" - IT does not like to do this
thesaurus development
SharePoint 2010 - metadata term scores - help building taxonomies and synonyms to help surface content
connect lawyers to key KM resources
index the lawyers' content e.g. by practice group
managing projects on wikis (Bozzell found calling it a "resource page" helped them adopt it faster)
dashboard development - pulling together content from external providers e.g. by industry or client - it is too difficult to expect lawyers to have 90 different vendors and 90 different passwords; need to pull the content all together for them.
Stop using library terms; use terms people are already use e.g. Internet-related terms.
Analysis KM
draws from the ediscovery field - too much information for humans to digest
search becoming less effective
Kiiac - created by Kingsley Martin (who developed West KM previously) - takes a group of similar documents, breaks them down into their components and compares them; the human can then choose what is correct or not; can then compare the "standard" against the other documents to show which are standard and which are not. Important for librarians to work in this area - makes you part of the strategic part of the firm.
Steven Lastres: Don't wait to be told what to do - go to the management partners and tell them what you want to do and why you want to do it. Learn to do a business case analysis and present it. We are the ones who work with the lawyers and the ones who know how to do this kind of work. Stop doing the work that is not lawyer-facing. No partner cares if you have a pristine catalog record.
Audience comment: Get out and talk to the lawyers in your firm, find out what they need.
Lastres: with firm cuts there are fewer people to do this kind of work; it is a great opportunity for law firm librarians to step out of our comfort zone and do this kind of work. Bring it back to the client: what's the value to the client, what's the value to the lawyer?
Audience comment: Lawyers don't want to share outside of their practice groups. A: Needs to come from management, needs to be a factor in their compensation model.
Note the PLL KM sub-group will be doing monthly chats on related topics; they are looking for members. Join them on LinkedIn - PLL/SIS Knowledge Management Group.
Second on at PLL Summit is Esther Dyson on technology changes in business and libraries. See her website: http://www.edventure.com/ Note: these are my notes from this Q&A session; any inaccuracies or omissions are my own.
She started out with a response to James Jones' talk. She characterized the changes in law firms as part of the larger movement we are seeing "from fuzziness to clarity," allowing us to commoditize legal work. She suggested that librarians join outsourcing firms where information is the core business rather than law firms where we have supporting roles.
Is the world getting smarter or stupider? Dyson quoted William Gibson "The future is already here -- it's just not very evenly distributed." You are getting more and more at either end of the range. Google is not destroying our ability to think, but it is changing what we are finding as important to remember. Lawyers think logically--someone still needs to read the laws to determine if they are fair and just and internally coherent. Google affects our ability to think deeply.
What percentage of AALL PLL's membership is female? It is a female dominated profession working in male dominated organizations. Dyson says it is wonderful to see a group of women in this area. She started as a reporter and fact-checker. As a young female reporter she was able to get a lot of high level executives to "be indiscrete" in what they shared with her. However, she didn't work in a male-dominated organization.
Talking in global terms, she says it is easier to get rid of a government than it is to re-build the government with a new social contract. In social networks you can leave if you don't agree with something; it is harder to leave a country if you don't agree. Help people know they are not alone.
In the US there is a tolerance for failure and taking a risk that is not tolerated elsewhere. People who step out of line may be despised or even shot. US individualism is mostly good, and not appreciated. Americans are not as kind and generous without social circles, but willing to take a risk.
Young people in other countries don't have a lot of role models to try something different; they look to the US for those role models. They see what Steve Jobs and Bill Gates have done, but not what their local people have done.
She sees the future of search as more oriented toward actions or transactions: search with verbs when you want to do something. She wonders about a legal search engine that focuses just on legal information put into context.
What does she think about the new web domains? We have no shortage of domain names; the shortage is space in people's heads. E.g. you could have a domain name and add 1,2,3,4 etc. She doesn't see the need for these new domains. She doesn't see the need for having to buy domains with all different extensions.
Re: access to your genome information. The issues are more around privacy than healthcare. If you want information private, don't put it online. It is your own information and you have the right to it. In terms of health, your family history and lifestyle are more important right now for predicting your health; however in the future knowing your genome will become more important. She also thinks checking your blood on a regular basis will provide a lot more information in the future--can show changes in your health.
The only problem is that people get the data but don't change their behaviour; however, social networks can impact this. She compares it to frequent flyer cards, what people do to get free miles and get status. If you had a similar card that measures how many steps you take that gives you the perks for your health care - earning status. Sharing data with friends and competing or collaborating (such as through Facebook or iPhones) is going to be more motivating than seeing just your own data.
People are far less naive than 15-20 years ago as far as advertising goes; they may not understand the advertising industry, but they know what it means to get an online service for free and where the revenue comes in - you get the service for free because it is supported by ads, for example. She talked about http://www.patientslikeme.com/ where people with diseases can voluntarily share their data to pharma companies etc. to allow them to help fight the diseases. https://www.23andme.com/ allows people to share their genome information with their doctors. You can do it with a fake name if you don't want your insurance company to find you. You can also share genome information with friends.
Is Facebook uniquely American or uniquely Internet? When she sees people use online tools in other countries, she sees they may be more open but they are still the same people, e.g. Russians online are still Russian. The culture online will be affected by the users. However, the Internet is making people more open with the people they don't know. It is changing people all over the world; she sees the idea of the "global village" is "way overdrawn."
She is trained as a cosmonaut with 6 months training in Russia, which she says is generally not useful in the rest of her life. Most people in law like logic - when you search online you cannot currently get the whole context. People who do that will have an advantage of people who don't. People who think and value knowledge will be needed and have an edge.
Google's "filter bubble" that provides you with information filtered for you - she sees value in going beyond your own filter bubble. She speaks metaphorically - people have the choice to go beyond their own filter bubble or they don't. We have more opportunity for regret; we have more opportunity to do exciting things.
She feels the US government has not done a good job of getting people excited about space travel, which has led to the cancelling of the space shuttle. She is on the NASA advisory council, gets to visit the research centers; however the people who need advice is Congress, not NASA. They cut back budget on needed programs; they keep fostering projects that are way over budget. It is all about to be privatized, and she expects it to blossom.
First up at PLL Summit is James Jones of Hildebrandt Baker Robbins helping us to understand trends in firms and where we are today. Note: these are my notes from his talk; any inaccuracies or omissions are my own.
James Jones took us through a summary of recent history, from 2007 to the present. After the economic crisis, in 2010 we started to see some return to stability although not growth in law firms. Firms were starting to see the benefits of significant cuts in 2009 since you typically do not see benefits of cuts in the years they were made. In 2011 you would not see the same benefits as you could not make the same cuts, and expenses previously delayed would have to be paid. As well, firms that made too deep of cuts to associates would be hiring some back at increased cost.
In 2011, legal business will stabilize although not at the levels seen in years prior to the economic downturn in 2008.
As we see more competition in the market, firms are going to need to spend money and start investing resources to compete in the new market place. He sees this as a delicate balancing act. He predicts firms will see modest profit (in the single digit range). He sees 2 to 3 years of ongoing "slugging it out" before we start to see recovery by firms. As well, some things will not come back to where they were.
Other factors:
Aside from the economy, there have been other driving factors for changes to U.S. law firms:
Availability of information
Notably, more competitive information has started becoming available. Jones theorizes law firms were not a proper market because market information was not available for clients; "law firms controlled the whole scene." This started to change in the past three decades with publications such as The American Lawyer and LExpert. A lot of information started coming from the trade press. A lot of effort has now gone into rating firms such as with Chambers ratings. As well, the courts have had an effect; any time the bar associations have tried to put anti-competitive rules in place they have been struck down.
Drive toward customization
He referred to Richard Susskind's The End of Lawyers? - Rethinking the Nature of Legal Services.
Most lawyers see themselves as doing "bespoke" work; they see the other option as commoditized ( such as downloading your will). However, most law is done somewhere in a range between the two:
standardized - form file developed by individual lawyers
systemized - form files developed between lawyers, rudimentary knowledge management systems
packaged - starting to make some of the forms available to clients to fill out
Services typically work their way from bespoke to commoditized.
Lawyers typically don't like this model; however, quality with packaged and commoditized is typically higher than bespoke work because the lawyer has been through the type of work many times and builds in responses to many types of problems. Bespoke work is typically from the first time a lawyer does the work.
Growth of enabling technologies
UK firms are ahead of US firms in this area:
Clifford Chance Online Services
Linklaters blueflag
BusinessIntegrity
Newchange Document from Allen & Overy
Practical Law Company
There is an emergency of new service providers that are not law firms:
CPA Global
Pangea3
Lawscribe
OCS - Outside Counsel Solutions
Morgan Lewis (a law firm)
Integreon
Some are basing the work out of India, but not all. They are doing work previously done by associates in firms e.g. discovery.
Lopsided Economic Model
Boom of law firms in the past was their ability to raise rates 6-8% every year. So now it is difficult to maintain this in these economic times. "Client push back became inevitable." He showed us in graphic form how law firm rates increased right through to 2008, whereas the economy turned down in 2008; "this was not a sustainable model."
New competitive models drive new strategies
When demand exceeds supply, prices go up. Before 2008, even firms that had no strategic focus could easily make money. Post-economic crisis, supply now exceeds demand. There is now huge pressure on prices to reduce. For a firm to grow, it now has to take market share away from another firm. "Firms that don't have clear strategies are going to be losers in this market."
In the past there was no incentives in the system for efficiencies. First were all about expansion and growth; nobody talked about efficiency.
The new world is different: it is a buyer's market, driven by the clients. Clients are looking for efficiency and cost-effectiveness. Quality is still important, but all the firms clients are looking at provide quality. Differentiating factor is the cost.
This is now driving new strategic directions:
- client models
- service delivery models
- talent models
Should firms run with a talent model? Or do you get rid of 16-18% of associates every year? (As often happens now).
In the past when firms looked at strategy, they only looked at positioning strategy. Firms are still going to need this, but "this isn't enough." What type of technology, infrastructure and processes are you going to need? If you move to a different model that doesn't fire 16-18% of people each year, you need to look at hiring in the first place.
Some firms are seeing more demand, some are seeing a lot less. We are starting to see a segmentation in the law firm market.
7 questions
Seven questions posed to us by James Jones with respect to the role of law libraries in light of these trends:
How will these likely changes in law firm management models impact traditional library/information services?
How will this drive for efficiency and cost-effectiveness impact ways in which legal research is undertaken?
How might librarians/information specialists help in partnering with clients and in supporting "one-to-many" knowledge sharing models?
In an age of "disintermediation," how can information be rendered more useful and actionable? (Trends we have seen in other industries, we will start to see the same thing happening in law...lawyers will no longer be gatekeepers of esoteric information)
What roles might librarians/information specialists play in the management of new firm "products" - e.g., various tools for on-line guidance and services?
What roles might librarians/information specialists play in the development of "just-in-time" training resources.
How might the growing importance of information management impact the roles that executive librarians play in their firms?
Q&A
A: Firms should be sitting down with their 10 biggest clients. The number one thing clients want is to have their general counsel sit down and talk with them; very few lawyers do.
Q: Are clients not unique, wouldn't commoditization be a problem? A: There are ethical concerns about one-to-many systems; however, the market is driving it and these concerns will need to be worked out. E.g. Linklaters system available only to existing clients - there is a client-lawyer relationship.
I am currently in Philadelphia at the American Association of Law Libraries 2011 conference. Today I am attending a full day hosted by the Private Law Libraries Special Interest Section, a day they call the PLL Summit. The theme this year is "Change As Action." See the full agenda.
The room is chocked full of law firm library managers and directors. This is a very popular day.
I am planning to live blog as much of the day as I can, so hang onto your hats!
I have been involved in PodCamp Toronto since it started in 2007, and have been part of the organizing team since 2008. Check out the video below, and the description below it by Daniele Rossi.
Introducing PodCamp Toronto 2011! from PodCamp Toronto on Vimeo. We are excited to be producing a video podcast for PodCamp Toronto this year! Here’s our first episode giving a brief overview of what the event is all about and to encourage you - yes YOU - to participate and sign up for a speaking session.
This episode is hosted by 4 members of the enthusiastic organizing committee, Mark Van Tol, Connie Crosby, John Leschinski and yours truly, Daniele Rossi. A special thanks to videographer Andrey Tochilin who did a fantastic job with this first episode!
You can subscribe to the PodCamp Toronto video podcast RSS feed (information on podcamptoronto.com) or watch right here on Vimeo.
If you shoot and upload videos (and other content) during PodCamp Toronto, please tag them with #pcto2011 and release under Creative Commons.
I've been on Twitter pretty much forever. Well, since March 2007 anyway. Four years! So forgive me if I forget to share lessons about Twitter as I go along. To me it has just become a mainstream form of communication, to connect with people in my life and get to know others I haven't met yet. It is a fantastic resource for many aspects of my life and work. And yet, I get into a rut using the same tools and not exploring what is new.
I want to share a couple of interesting blog posts from today that nicely pull together some Twitter thinking and Twitter tools:
From Charlene Burke (@charleneburke), a fellow member of AIIP, she describes the tools she uses for Twitter searching in 12 Twitter Search Tools. I had only used a few of these, so I thought this list to be particularly valuable. She says this is culled from a list of 60 tools that she uses to search Twitter--wow! I appreciate that she has shared her favourites.
Yesterday Twitter sent out a little list by email to subscribers telling us a few uses for Twitter. Well, three uses. It seemed a little underwhelming. So, social media communications whiz Dave Fleet (@davefleet) has jumped in to fill the gap with *his* version in 25 Suggestions for How to Use Twitter. I'm trying to think if there any ways I use Twitter that he hasn't already covered off....
So, how are you using Twitter? What tools are you finding invaluable? Anything new and cutting edge I should try??