TRAINING AS A LIBRARY FUNCTION: SOME OBSERVATIONS FROM THE OUTSIDE

Posted by Chuck Lowry. Chuck is an enterprise sales representative for Fastcase.  He can be reached at (703) 740-5941 or clowry@fastcase.com.

Over the past many years, I have been in and out of law firm libraries pretty regularly.  I have observed a few things about how librarians train themselves, train their staffs and train the attorneys.  I offer a few thoughts on the subject, not from the heights of expertise, but from the trenches of experience.  A few areas of concern present themselves, and we shall take them up as they occur.  I am neither so credulous nor so arrogant as to think that I am offering more answers than questions.  Indeed, I think it is likely that different libraries and different librarians will not necessarily have the same answers to these questions.  As resources and situations differ, solutions will necessarily be tailored to individual firms.  There is no group better able to make the adjustments and alterations, I suspect, than law firm librarians.

In all humility, I also note that most of the standards and practices I’ll recommend in the following paragraphs are not things that I have thought of but are ideas I have picked up by watching capable librarians over a couple decades.  If an old dog hangs out in the right circles, he can indeed pick up some new tricks, and he can pass them on even if he can’t use them himself.

“So, who should do the training for the attorneys?  Librarians or vendor representatives?” 

My first thought is always that librarians are the ones who should train attorneys, paralegals and practice group staff.  Law firms have standards that vendors are unaware of or that vendors have no interest in enforcing.  Similarly, law firms have virtually no input into the assignment of a sales rep or trainer that a vendor may send, and therefore no control over the quality of the trainers or the training.  Poor or disorganized trainers and training sessions are obstacles that librarians, i.e. information professionals, are able to overcome more easily than attorneys who are not necessarily information professionals.  Besides, it is the librarians who will be judged on the effective use of the information resources provided to the attorneys, and training is an important part of “effective use.”

 “Should the librarians maybe be trained right alongside the attorneys?”

 As a general rule, librarians should have more training than the attorneys, and should have it in advance of the attorneys.  Even in cases where the vendor reps will do the attorney training, librarians should be trained first.  Then, of course, they should be in the training sessions with the attorneys.  There are a couple of reasons for this.  Librarians have the broadest experience with information resources.  They are able to compare, contrast, make distinctions, note pitfalls and expand possibilities in any of their available resources based on their experience with all their resources.  It is also invariably true that the more an intelligent person thinks about a product or service, the more effectively and efficiently that professional will be able to implement the product or service.  In addition, having two or three training sessions, even from the same person, will—or should—give you two or three perspectives on the product or service.  If a training session is only going to be a rote repetition of the previous session, you don’t need it.  Training sessions, especially with librarians, should be elastic, responsive and intelligent interactions.  Otherwise, why wouldn’t you just download the slides from the webex?  Insist that the vendor give you a sales or training professional that is experienced enough to know why you are purchasing this particular product and service and is intelligent enough to appreciate the sophistication you expect in the usage of information resources.

 “But sometimes it will happen that vendor reps will train attorneys.  Is that a problem?”

Yes, it sometimes happens, and no, it is usually not a problem.  But don’t let it turn into a problem.  Don’t let vendor reps run training sessions without library participation.  There is no reason for your West rep to note in a training session that your firm insists that you use Nimmer rather than Patry for copyright law analysis.  There is no reason for your Lexis rep to note in a training session that your firm insists that you use Wright and Miller rather than Moore’s for federal practice and procedure.  There is no reason for any rep for any vendor to remind your attorneys that the firm’s preference is that attorneys use the forms, mutatis mutandis, that your KM program has assembled and organized in preference to forms provided by a vendor service.  These are responsibilities of information professionals and practice group heads, not vendors, whose interests are not necessarily identical to your interests, whose knowledge of your firm’s standards and practices cannot be identical to yours.

“How can I get attorneys, either individually or as a group, to come to training and take it seriously?”

Here is a secret for the occasional attorney who may be reading this: librarians and vendors among ourselves often snicker at the fact that legal professionals with annual salaries starting at $150,000 and heading up from there cannot commit to a training session until they are assured that they will be met by a plate of chicken salad sandwiches, some oversized chocolate chip cookies and a couple Diet Cokes.  But seriously, training is crucial for the correct and effective use of information resources, so it is a matter to be taken seriously.  What has become clear to me is that the key here is not how you get Attorney Z to come to training from 9:45 A.M. until 10:30 A.M. on Thursday in Conference Room 42-E.  That is the result, not the process.  The key is how you get Attorney Z to take seriously his/her responsibilities to have available for competent use the tools that your firm’s standards require for the practice of law.  There are three prerequisites for attorneys to take this responsibility seriously, and the librarians must be involved in all three.

(i)     In general terms, there must be a “knowledge culture” in the firm.  Librarians must work with the managing partner, executive committee, CEO, etc. to encourage the view that the information resources provided by the firm are an integral part of the practice of law in the firm.  Librarians are going to be judged, evaluated and rewarded or punished based on the firm’s judgment of how well they turn expended dollars into effectively used information resources.  This reality demands that you work proactively with firm administrators to be sure that their expectations are communicated not only to the librarians, but to all firm personnel.

(ii)   In specific terms, librarians must be in constant touch with practice area heads and indeed with individual attorneys to bring to their attention available resources that they may find useful but which they are not using.  If you communicate to the practice groups and to individual attorneys that your role is to recommend, evaluate, purchase and monitor information resources to make their work better and easier, you will not have to beg them to be there Thursday morning.  They will know how important this is.

(iii) And when you get them there, don’t waste their time.  Whether you are doing the training or the vendor rep is doing the training, be ready to explain to them what the product is, why they will have access to it, what it will do for them, how it works and what to do if/when they have a problem.  The corollary of this recommendation is that if a vendor rep is managing the presentation, make sure you have previewed the session.  If the rep is not organized or articulate or engaging enough to hold the attention and expand the knowledge of the attorneys, you will be the one to pay the price, in your reputation and in your ability to continue to get attorneys to cooperate in training opportunities.

I do not pretend that this is easy.  Many, many large firm libraries are understaffed and overworked.  Still, training is a crucial factor in the effective use of your budget, in the estimation by firm administration of the value of the library and in the perception by attorneys of the importance of the firm’s knowledge culture, and for those reasons alone the training process deserves large amounts of your attention and efforts.

2011 in review

On Firmer Ground (www.firmerground.com) blog was viewed over 25,000 times since it was launched in June 2011. 

This collaborative effort started as an idea that percolated into a conversation between John DiGilio, SLA Legal Division Chair and Steve Lastres, PLL Chair at the PLL Summit in Philadelphia. We spread the idea to other associations who represent law firm librarians such as  the Canadian Association of Law Libraries (l’Association Canadienne des Bibliothecas de Droit) and the British and Irish Association of Law Librarians. They joined us with AALL’s blessing and by year end, we had expanded to include the Organisation of South African Law Libraries (OSALL) and the Scottish Law Librarians Group (SLLG).
 
We have had 25 posts published. By far, the most popular post was the one published by Greg Castanias, Library Partner at Jones Day entitled “  How Librarians Add Value To Their Law Firms – Advice From Greg Castanias, Jones Day Library Partner.

The power of social media and its ability to reach readers far and wide should now be evident to law firm librarians. I urge you in 2012 to help OFG continue to raise awareness of the value that law firm librarians bring to the practice and business of law. How better to achieve that goal, than to hear from law firm librarians about how you add value each and every day to your respective firms.  We encourage other legal professional that collaborate with law firm librarians to join the conversation.

See the 2011 annual report for this blog showing the post popular posts. With 2012 now underway, we need you to contribute posts to On Firmer Ground. Please follow the link to the ”How To Submit” page.

Here’s an excerpt:

The concert hall at the Syndey Opera House holds 2,700 people. This blog was viewed about 25,000 times in 2011. If it were a concert at Sydney Opera House, it would take about 9 sold-out performances for that many people to see it.

Click here to see the complete report.

Adapt. Survive. THRIVE!

By John J. DiGilio, National Manager of Research Services, Reed Smith LLP.  Originally published on Future Ready 365 here.

Back when the internet was still young, so was I . . . well somewhat. I was fresh out of law school and fresh out of work. Two things were certain to me back then: I had no desire to practice law and I was happiest when I was researching in the library. When I made up my mind to pursue a degree in information science, one of my closest friends and an early tech guru, asked me if I was crazy. According to his digital crystal ball, once this “internet thing” took off, libraries and librarians would surely go the way of the dinosaur. All of these years later, I am pleased to say that not only have I failed to fossilize, but that I am happier than ever to call myself a librarian. Librarians are survivors! Continue reading

AALL Future Shock: Envisioning the Future of Law Librarianship

Jeff Buckley, Legal Research Analyst, Debevoise & Plimpton LLP

I attended the AALL Futures Summit the other week. It was a two-day conference at the McDonald’s Campus Hyatt near Chicago. AALL footed the bill (including travel, lodging and dining expenses) and about forty law librarians were there. A special committee of AALL, the Futures Summit Planning Special Committee chaired by David Mao of the Library of Congress, planned the event. Overall, the Futures Summit was good. Will anything come of it? I hope so. Continue reading

Law Firm Marketing and Law Librarians Join Forces to Provide Sophisticated Business and Competitive Intelligence

By MaryAnnWacker, Reference Librarian and Josie Morgan, Manager, Business Development at Bracewell & Giuliani

At Bracewell & Giuliani, the Library has developed a collaborative relationship with our Business Development & Marketing Department. We provide them with sophisticated business intelligence (BI) and competitive intelligence (CI) on a daily basis. While this work is primarily nonbillable, it is some of the most rewarding and satisfying research the librarians undertake. Most importantly, the firm recognizes the impact that our research has in identifying and bringing in new clients to the firm and staying abreast of the competitive legal landscape. Here at Bracewell, we have three reference librarians for a firm of almost 500 attorneys. Our Marketing group is organized by practice with managers for energy, banking/finance, trial/technology, etc.

A valuable service the Library provides to our litigation section and the Manager of the Trial and Technology group is a daily court alert that provides newly filed patent/copyright cases from Courtlink. This feed generates requests from our attorneys for copies of new complaints.

From a due diligence perspective, we are called upon for information on prospective clients and for upcoming pitches. We refer these types of requests as “you ring, we fling” requests given the fast turnaround that is demanded. We use tools such as Lexis AtVantage, Bloomberg litigation reports,Hoover’s, D&B, and news sources to complete these requests. In order to work more efficiently with Marketing on these requests, we copy the manager for that attorney’s section with the search results.  This helps the managers stay in the loop and keep up-to-date on all happenings within their groups.

Recently we added social media to our arsenal of resources we search to obtain background information on individuals. Our biography package now consists of information from our standard news sources, as well as LinkedIn, Facebook, Twitter, and photographs from Google images. With this information in hand, our lawyers are well prepared for any meeting.

To support the growing needs of the Marketing department, we work with the firm’s Communications Manager and monitor all mentions of our firm in the press and social media outlets. The Library uses Lexis Publisher and Google news alerts to send out a daily e-mail to all firm employees which includes every mention of Bracewell’s name in the press.

From a competitive intelligence perspective, the Library provides league tables to the Marketing Manager who supports finance and banking. Some of the resources we use include Thomson Financial, DealLogic, Bloomberg, and MergerMarket.

Marketing and the Library have also taken the time to get to know each other on a personal level through casual lunches. This has benefited both groups by knowing what is happening in each other’s department, plus it creates a dynamic where you aren’t just employees at the same firm but you care about what is keeping each other busy at work and after (movies, travel, DSW!). It also helps each department understand what the workload is like on the other side and that your requests may not be the only ones flooding respective inboxes.

A direct benefit to the Library of our collaborative relationship is that the librarians gain access to databases purchased by Marketing such as Energy Acuity and PitchBook. We are really grateful to have access to these (pricey) resources.

In addition to the services we provide, the Library plays a professional development role by training all new Marketing staff members when they arrive at the firm. This provides a great opportunity to start off on the right foot. The new employees then become ambassadors for the Library, sharing capabilities and sending attorneys to us for their research projects and requests.

The Library’s romance with Marketing began several years ago when we took on the task of compiling a weekly newsletter which included energy-related news in the Caspian region. We sent it out to clients for a while with just an e-mail. When Marketing heard about our efforts, they offered help with newsletter software to make The Caspian News look more professional and increased the distribution list using InterAction. This got the notice of important partners at the firm and it turned into a very high profile endeavor. I knew our efforts were appreciated when the entire Marketing Department showed up in the Library and surprised us with cupcakes to celebrate the newsletter’s 100th issue!

Marketing knows they can always depend on our quick response and valiant efforts. When they know we are responding immediately to their requests, they can get information to the attorneys in a timely manner which makes everyone look good. Our attorneys are then able to impress the firm’s clients, as well as prospective clients, because of our efforts as a unified team – not as two separate departments.

Our secret to creating a fun and rewarding working relationship with the Marketing Department is keeping lines of communication open – try asking someone to lunch, stopping by their office, or chatting with them over coffee at Starbucks.

Law Firms and Librarians: They Really Do Need Each Other (A Vendor’s Perspective)

By Chuck Lowry. Sales representative for Fastcase whose opinions offered herein are his alone and should not be attributed to Fastcase.  (He can be reached at 703.740.5941 or clowry@fastcase.com.)

I never quite got around to going to law school, but I have managed to work in the legal publishing field for many years, in editorial, in sales and marketing, in product development.  What I hope to demonstrate over the next couple paragraphs is that I have indeed learned a few things in the legal publishing business, but I definitely did not go to law school, because I suspect I’ll be making a few of what you refer to as admissions against interest.

Vendors have an almost unique perspective on law firm librarians.  We are sometimes partners, sometimes adversaries; sometimes you use us and sometimes we use you; we are often friends; it is undeniably true that we cannot live without you, nor you without us.  If I were to have a group of law firm administrators in front of me, with members chosen from job titles such as CFO, COO, CIO or CEO, here is what I would tell them about the role their librarians play with information vendors and their products and practices:

  • They know what your securities group needs, what your m&a group needs, what your structured finance group needs.  They talk not only to the sales reps from your vendors, but also to your attorneys—every day—and to the vendors’ editorial and product development specialists.  The corollary to that is that there is no one in your firm better positioned to create, monitor and adjust the balance of firm-wide and specialty products that will get to fee earners what they need to practice law at the standard your clients and your management committee demand.  Lots of people in the firm know little pieces of the answer, but a capable library director will see the outline of the answer, and even how the question (and therefore the answer) changes under various circumstances.
  • They know the difference between good and bad, what works and what doesn’t, what is a real fix to a problem and what is a “let’s paper this over until we can think of something” dodge.  Folks cruder than myself call it, I believe, a bs detector.  And they share amongst themselves.  Anyone who monitors the various librarian lists, general and specialized, knows that this is a group with such confidence in its experience that there is no hesitation about asking a colleague a question.
  • Because they talk to your attorneys every day, they know what is being used, what is not being used, what can be replaced by the firm’s own expertise or archive.  They will see from their research interaction with attorneys what information products or services can be replaced by something else that responds more closely to the firm’s actual information needs, thereby increasing both the effectiveness and the efficiency of the attorneys.
  • The financial relationship between vendors and law firms has in many cases become so tortured and complex that negotiations, especially large renewal negotiations, can have a real impact on firm finances, both directly in costs and indirectly in efficiency and availability of required resources.  These large scale negotiations, especially renewal negotiations, involve usage levels, adjustment of time charges, transactional charges and flat fees, adjustment of the product mix within a particular service, and, more obscurely, an inkling of how the negotiation will go, how much flexibility the sales rep has and when it’s time to change tactics or even insist on dealing with the sales rep’s boss.  Nor can we overlook the requirement that the library director/negotiator understand what the firm’s lawyers can and cannot do, will and will not put up with, have to have or want because the publisher called them directly.  What you pay a good library director will be more than made up, over and over again, by the director’s expertise in vendor negotiations.
  • And after the contract is done, the library director has to serve as the usage cop, not just in terms of the quantity of usage, but in making sure that usage is executed under the terms negotiated by the parties and preserved in the contract.  Who sees more information service licensing agreements than the library director?  Who better than the library director knows which terms are rigid, which flexible, which terms vendors will negotiate and which they will enforce rigidly? 

Library directors in large firms make a decent, though hardly opulent, salary, and we are in a time when every line on every departmental budget gets looked at.  I suppose I am offering the opinion, certainly not an admission against interest, that in the realm of vendor relations alone, a good library director represents a solid and well-priced investment for a law firm.

Welcome to the Family

On Firmer Ground is delighted to welcome Michael Charlton, Law Librarian for Dr K C Mildwaters LLP, to its board of editors.  We have asked Michael to introduce himself  . . .

“Michael, I need to know what obligations Albanian law puts on contractors.”

That is today’s first request. A researcher who knows exactly what she wants, but has no idea where to find it, has only one place to turn. Well, ok, two places; but I pride myself on the fact that she comes to me rather than Google. The badge is right, Librarians are the original search engine – and a well trained librarian is still the best. Continue reading