Rees Morrison, Esq., is an expert consultant to general counsel on management issues. Visit his website, ReesMorrison.com, write Rees@ReesMorrison(dot)com, or call him at 973.568.9110.
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    Law Department Management group on LinkedIn now has more than 1,000 members!

    The group has grown steadily, and last week welcomed member number one thousand. Along with the steady increase in participant numbers has come an increase in the flow of discussions and comments.

    Anyone who belongs to LinkedIn and who cares about the effective management of inside counsel and their teams is warmly urged to join the group. All you have to do is search for it among “Groups” – hint, type in “law department management,” and then click on the yellow shape, “Join Group.”

    One more point: if you are an administrator of a legal department or part of the administrative support team of one, you can also join a group especially for them. It has about 80 members and is growing steadily.


    Chipsters, a group for women lawyers who are IP chief counsel

    In 2005, a group of in-house counsel coalesced, all women, all the top intellectual property lawyers in their respective companies. They cleverly called themselves Chipsters – CHiefIP lawyers – and they have continued to meet. The lawyers worked or still work at such IP powerhouses as Apple, Alta, Cadence Design Systems, Cisco, eBay, Google, and Intuit. The seven members organize three or four informational and networking sessions each year. You can learn more from the ABA J., Jan. 2012 at 23-4.

    Chipsters illustrates the benefits of gathering like-minded in-house counsel: mentoring, knowledge-sharing, networking, and friendship.


    A look at maturity models applicable to law departments

    This blog has acknowledged a handful of maturity models that pertain to law departments (See my post of May 15, 2009: for compliance; May 12, 2010: for attention to intellectual property; May 12, 2010: for legal departments overall; Aug. 10, 2011: for outside counsel management; and Aug. 10, 2011: for leadership development.). A maturity model attempts to describe different levels of sophistication of some practice or process.

    In Met. Corp. Counsel, Dec. 2011 at 16, an article refers to a maturity model for e-discovery promulgated by the Gartner Group. A maturity model puts law departments on a nominal scale (one that shows only differences between positions). Law department A is further along in its development than law department B. The maturity models cited above content themselves with nominal scales.

    Whereas, an ordinal scale shows both differences and magnitude. Law department A is at level six; while B is at level 4. The most sophisticated maturity models offer a progression where each step is equivalent between each level. Such an interval model shows difference, magnitude and equal intervals.


    vLex, an online repository of legal information with extensive geographic and language coverage

    A collection of international laws is available on vLex. Along the lines of Justia’s offering, vLex appears to me from wandering around on its website to be very impressive. In the banner it boasts “43,505 customers, 62,590,371 documents (actually, I counted 62,590,369 but I may have lost track somewhere), 1,024 publishers, 13 languages, and 128 countries.” For a blogger enchanted by metrics, I am impressed by that parade!

    There appears to be a free basic subscription for individuals or a premium version at $39 a month (U.S. material only), and $269 a month for the whole vLex storehouse for all countries. As law departments find they have to cope with foreign laws and regulations, a resource such as vLex could be quite cost effective.


    More than 90,000 law firm memos available on Knowledge Mosaic

    A general counsel who subscribes pointed me to Knowledge Mosaic. Its website proclaims that subscribers can search more than 90,000 memos from law firms covering 46 different practice areas. If true, that is an astounding collection of legal guidance and interpretation available on the Internet, albeit for a subscription fee. At some point, that wealth of knowledge will be no cost (See my post of Nov. 26, 2011: availability of information at low cost or free on the internet that is useful to in-house counsel.).

    Knowledge Mosaic has also collected laws, rules and regulations pertaining to more than two dozen federal regulatory or oversight agencies, along with material from the U.S. Code and the Code of Federal Regulations. Both of these collections, as well as other materials mentioned on the site, look to be useful for inside counsel and a good example of legal knowledge aggregation and organization.


    Chaos theory – non-linear functions in legal departments

    Chaos theory studies phenomenon where small changes in the initial conditions result in major changes in consequences (a butterfly flapping its wings in Brazil famously results in a hurricane off Bermuda). As used for physical systems, chaos events are non-linear: they are not wildly unpredictable and mysterious – the popular notion of chaos – but they have emergent properties much different than our minds easily grasp. Feedback loops account for some of the unexpected outcomes and unpredictable.

    A word of advice from an in-house lawyer early in the deliberations over a pricing decision could have massive consequences years later (antitrust investigation avoided; millions in profits rightfully earned). A well-timed settlement offer takes the company down one path; botched, the bills and vexations pile up for years. If we borrow the metaphor of non-linear systems and apply them to legal teams, we risk mis-applying it, which is the lesson of Stephen E. Kellert, Borrowed Knowledge: Chaos theory and the challenge of learning across disciplines (Univ. Chic. 2008). Even so, such a power idea, caught as a conceptual metaphor, can help us understand and describe some things that happen to law departments.


    LinkedIn groups: Law Department Management and Law Department Administrators – you are enthusiastically invited to join

    LinkedIn membership costs nothing, but the vast professional online site can provide significant value. Groups abound and you can look up people and often find more about them and how to reach them.

    Almost two months ago I started a LinkedIn group (Law Department Administrators) for administrators in legal departments and those who report to administrators. With 46 members as I write, this group gives heads of law department operations a forum to ask questions, share experiences, and offer lessons learned.

    My long-running group on LinkedIn started in April 2008 for those more broadly interested in law department management has grown to 895 members. More and more frequently it has discussion posts and resources from a number of those members. The group warmly welcomes newcomers (See my post of Jan. 4, 2010: 250 members; Dec. 21, 2010: 445 members; Feb. 16, 2011: 510 have joined; and April 22, 2011: more than 650 in the group.).


    A common reason for the withering of KM and firm evaluations -- trepidation

    Part of Pfizer’s arrangements with its Alliance firms are evaluations of those firms. According to the ACC Docket, July/Aug. 2011 at 80, Pfizer lawyers are supposed to go online to complete evaluation forms, which include an opportunity to write in comments.

    In my experience, evaluations by in-house lawyers of their firms often fall flat. Either the lawyers simply don’t do them or they do them half-heartedly: no specifics, no recommendations, no value. Probably they believe they vote with their feet – if they didn’t think well of the services of the firm, aside from situations where a particular firm is foisted on them, they walk away and stop sending the firm work. Written evaluations, they complain, are too rigid, too late, too time consuming, and too sensitive.

    On another level, it could be that the reason both firm evaluations and knowledge management efforts peter out is that lawyers don’t want to have their individual judgments splashed out for all to see (and, more to the point, to criticize). It is safer to hang back, not participate, and avoid personalized scrutiny. Because of the same trepidation, people don’t offer contrarian views or new ideas; they self-protectively mold their answers on employee morale or three-sixty degree assessments; they like the cautious, collective decision-making of teams – fear of standing out pervades.


    Knowledge management efforts falter since they are perceived as a tax on a lawyer’s personal “income”

    Think of experience and learning as a lawyer’s income – they work and they get paid in knowledge – and then think of efforts to harvest and give away that knowledge as a tax. This analogy occurred to me when an interviewee in a consulting project offered an explanation for the failure of knowledge management to take hold. “Lawyers don’t want to contribute their ‘intellectual property’ to the common good.”

    “It’s mine, mine, and I don’t want to give up any of it!” That conveys the stickiest obstacle: lawyers who have worked long and diligently to master an area of law and its practices feel that their hard-earned knowledge is their personal recompense (and retirement pool, i.e., job protection). Knowledge management efforts tax it, a redistribution that not only helps those poorer in knowledge but also takes time for the taxpayer to file. Sure, all of us benefit from governmental services, but who volunteers to pay more taxes?


    Getting the Deal Through (GTDT) and its offerings of global legal information, free for in-house lawyers

    According to this London-based company’s website and ads, GTDTonline provides in-house counsel with summaries of laws and regulations in 43 practice areas and more than 120 jurisdictions. The summaries explain “the most important legal and regulatory matters that arise in business deals and disputes worldwide.”

    In-house counsel are eligible for a free GTDT Online password providing full access to the website.

    This could be taken as an example of capital invested outside the United States in legal services, delivered worldwide by the internet, and thus a challenge to the privileged position of lawyers in the States.