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What Have Law Firms Done?

Even with these IT and KM investments in law firms, it seems the frustrations remain: I can't find anything. It takes too long to find what I need.

What is ‘The Answer'?

the focus of law firms over the last decade has been absolutely correct: to concentrate on people and processes through KM, and on new information technologies and tools through their IT budgets. But maybe there's a third prong that's been missing from this focus? The messy middle: the content assets, the actual information itself contained in documents, e-mails, web pages, blogs, journals, books, video and podcasts etc.

The huge investments for enterprise search - providing lawyer and legal information professional alike with a single search box sitting over multiple repositories and offices - have certainly seen great improvements in uncovering information within a law firm.

Developments out there on the Web in faceted search (e.g. filtering a search for cameras by brand, price and resolution) have begun to seep through the walls of our firms and organisations.

Enterprise search has started to uncover some of the mess that we didn't even know was there. As well as showing, rather too starkly, the mess that we haven't wanted to deal with over the years: the poor tagging of content with useful terms or even consistent terms across different repositories; the lack of rigorous info management processes to identify the valuable, useful and re-usable information, or equally, to identify the duplicate, out-of-date or inaccurate information.

law firms are now thinking and willing to invest in ways to actually clean and fix some of this information mess. Reviewing and improving a firm's Enterprise Information Architecture (or Firmwide IA) through an information housekeeping initiative is becoming a priority. What does that involve?

Well-defined and understood business rules and workflow for the firm's information and knowledge are essential components to Firmwide IA

Systems & Tools

Information & Information Architecture Assets

Governance

The benefits of investing in Firmwide IA and these four themes, may be broadly stated as:

What happens now?

Shook, Hardy & Bacon L.L.P. is an international law firm with a legal legacy spanning more than a century. Established in Kansas City in 1889, today the firm has grown to more than 1,507 employees worldwide, with 502 attorneys and 262 research analysts and paraprofessionals. Many of the research analysts hold advanced degrees, in biochemistry, neuroscience, engineering, genetics and physiology. The firm has nine offices strategically located in Geneva; Houston; Kansas City, Missouri; London; Miami; Orange County, California; San Francisco; Tampa, Florida; and Washington, D.C.

Recommind customers include the Australian Government, Bertelsmann, BMW, Cleary Gottlieb, Davies Arnold Cooper, Lewis Silkin, Novartis and Shearman & Sterling. Recommind is headquartered in San Francisco and has offices in New York, Chicago, Boston, Atlanta, London, and Bonn, Germany.

much of the work that used to be distributed to law firms in a conventional way will be displaces by a community-based sharing of legal experience. This will be disruptive to the legal profession beyond our imagination."

Now, however, a new generation of legal knowledgebase tools based on Web 2.0 technology (including PBworks Legal Edition, which has users at 24 of the top 25 firms on the AmLaw 100) is solving the usability issues and integrating the knowledgebase into the everyday work of a firm.

"At a time when clients are likely to challenge every item of charge, having efficient systems in place for producing work becomes vital," writes Karen Battersby of Nottingham Law School. "The transfer of knowledge from individual lawyers to teams of lawyers is also essential in a climate where lawyer redundancies are increasing and departments need to operate with leaner resources."

The first key is to make the legal knowledgebase easy to use. 

The second key to successful legal knowledgebases lies in searchability.

The final, and perhaps most important key to the success of Web 2.0 knowledgebases lies in their ability to integrate with the daily work of lawyering. 

"I can't emphasize this enough: making lawyers enter information multiple times is a recipe for failure," said Dennis Kennedy of Thompson Coburn. "Lawyers have proven that they will not change the way that they work.

While firms must restrict access to authorized users, they must simultaneously provide authorized users with access to information via different technology.  As more lawyers turn to smart phones and PDA, products must also include mobile access to the knowledgebase (including files) via Blackberry and iPhone to fully integrate with the way most attorneys actually work.

Market Shifts Toward Infrastructure Vendors

Content management is becoming part of enterprises' infrastructure and consequently is being delivered by large vendors of enterprise infrastructure such as IBM, Microsoft and Oracle.

IBM, Oracle and EMC are competing at the high end of the market, while Microsoft is commoditizing the market at the low end. Recently, HP entered the ECM market by acquiring Tower Software, a niche vendor long known for its integrated document and records management.

More than 54% of the market, as measured by total software revenue, is held by just three vendors — EMC, IBM and Open Text

Pure-play content management vendors and vertical-market specialists such as Interwoven, Xerox, Xythos Software and Vignette are fighting to compete. Bright spots for the pure-play vendors and vertical specialists are the mid-market and CEVAs

IBM and Oracle have the potential to drive the market forward by creating a powerful message based on broader enterprise information management (EIM). Since they own the key stack components, such as the database, the information access, business intelligence (BI), analytics and reporting tools (and often line-of-business applications), they can bring together structured data and unstructured content. On the other hand, choosing a suite from a stack vendor may involve tradeoffs as some functional components may not be equivalent to best-of-breed offerings.

Of all the infrastructure vendors, Microsoft has driven the most change in the ECM market over the past 18 months with Windows SharePoint Services (WSS) and Microsoft Office SharePoint Server (MOSS) 2007.

Adopting WSS or MOSS for mass deployment, and an ECM suite for high-end, content-centric processes and best-of-breed Web content, will remain a useful strategy for enterprises during the next three to five years. This coexistence strategy could reduce the costs and some of the risks of content management for an entire enterprise.

For many organizations, the need to increase workers' productivity and innovation is more important than ever. Critical goals include improving users' Web experience and connecting workers to relevant content and to each other.

see "Report Highlight for Dataquest Insight: E-Discovery Market Drives New Search, Content and Records Management Investments"

Specialists like Interwoven and Vignette are moving into Web-based CEVAs and interactive marketing and customer experience. They remain among the few choices enterprises have for high-end, enterprise-class, externally-facing Web content management (WCM) solutions. In the mid-market, Hyland Software, SunGard Data Systems and Saperion use their imaging and archiving heritages to address transactional content applications such as medical records, claims processing and accounts payable invoice processing.

Integration/Federation Grows in Importance as Organizations Look to Establish an Information-Centric Infrastructure

The ideal ECM architecture would enable one repository, or a few repositories with a common database — but this is not an ideal world. Dealing with multiple, siloed content repositories is a fact of life for many organizations. In Gartner's 2008 survey of nearly 400 respondents (see Note 1), 69% of enterprises indicated they had more than six repositories.

see "New Standard Will Make Content Repositories Interoperable"

Enterprises keep a vast amount of information locked up in documents, spreadsheets and other forms of unstructured data ("content"). To maximize the value of this information, enterprises need to integrate the various types and stores of content, integrate content with structured data, and integrate internal content with content and structured data outside the enterprise.

XML is becoming increasingly important for content creation, component management, output and integration with other applications. The term "mashup" has become synonymous with content couplings that were formerly difficult to achieve, even with traditional integration resources. Enterprise mashups that integrate content with business application data or with Web content via Really Simple Syndication (RSS) feeds or APIs remain rudimentary compared with the explosion of consumer mashups.

IBM intends to deliver ECM-focused widgets for creating mashups as part of the FileNet P8 platform.

User Empowerment vs. Governance

A Range of Needs Leads to Application Specificity and a Fragmented Focus From Vendors

Interwoven, Open Text and EMC are among the ECM vendors focusing development efforts on increased support for mobile clients, such as BlackBerrys and the iPhone, and for offline capabilities.

Wikis, blogs, podcasts and instant messaging have become staples in many enterprises, especially as marketing tools or as means of communicating with customers, prospects, employees and partners.

Enterprise and information architects should assess how able their ECM vendor(s) are when it comes to providing Web 2.0 features or integrating with third-party solutions for collaboration and communication to avoid creating more content silos. Usability remains a critical characteristic of perceived success or failure for ECM.

Social software encourages informal collaborative activities that fall outside the traditional scope of transactional applications, formal workflows or engineered teams. The rapid growth of social network interactions and the desire for open innovation will require IT organizations to develop a new approach that balances the need for corporate security with the requirement to accommodate frequent customer and partner conversations. IT staff will still be expected to manage this content at the back end of the life cycle.

Today, however, all this content creation and sharing typically happens outside any formal content management strategy. Organizations should take advantage of evolving, richer user interfaces and tools for content creation, consumption and multichannel output.

Alternative Delivery Models

The capital outlay required for ECM, and the internal resources needed to implement and maintain ECM suites, can be daunting. It is not unusual for an organization to spend $1 million or more on software and services for a large deal. In a 2008 survey (see Note 1), 22% of the respondents indicated they were spending over $1 million on content management software purchases in 2008, while 14% were spending between $500,000 and $1 million. In addition, it can take at least six to 18 months to deploy an ECM application.

Gartner clients are increasingly asking about SaaS, shared services and open source as alternative delivery approaches to implementing on-premises, commercial software. Yet the penetration of open-source and SaaS solutions today represents less than 5% of the overall ECM software market (based on total software revenue)

Market Definition/Description

Gartner defines today's ECM suites as encompassing the following core components: Document management for check-in/check-out, version control, security and library services for business documents. Document imaging for capturing, transforming and managing images of paper documents. Records management for long-term archiving, automation of retention and compliance policies, and ensuring legal, regulatory and industry compliance. Workflow for supporting business processes, routing content, assigning work tasks and states, and creating audit trails. Web content management for controlling the content of a Web site through the use of specific management tools based on a core repository. It includes content creation functions, such as templating, workflow and change management, and content deployment functions that deliver prepackaged or on-demand content to Web servers. Document-centric collaboration for document sharing and supporting project teams.

Though not explicitly identified as a core component, information access, or search, technology has always been a critical component of an ECM suite, and it will play an even bigger role in helping companies sift through structured and unstructured information. All ECM products ship with a search engine embedded as a core component, so that users can create a full-text index and search the content stored in repositories. Most ECM vendors re-license the search engine from another provider, typically Autonomy-Verity or Fast (see "Q&A: ECM and Information Access Technologies Grow Ever-More Entwined").

Inclusion and Exclusion Criteria

Evaluation Criteria

Vendor Strengths and Cautions

Interwoven

Interwoven has increasingly focused its strategy on being a best-of-breed content management vendor, with a strong message around Web-based and vertical-specific solutions.

Although Interwoven has all the core ECM capabilities and related components such as DAM, it delivers and emphasizes these as stand-alone offerings for different business scenarios. The suite is only loosely coupled, and cross-selling opportunities are limited.

Gartner believes that Interwoven's future lies in high-end WCM, analytics and marketing solutions. It can continue to carve out a successful position with its consistent marketing messages and Web-based solutions, but this won't be easy given the increasing competitive pressures and changing market dynamics. Interwoven must continue to penetrate the accounting, legal and professional services markets and expand into adjacent markets such as the government sector — otherwise, like others, it faces a stagnant future in the traditional document and records management arena.

Microsoft

More so than any other vendor, Microsoft has driven ECM market transformation with SharePoint 2007. Microsoft has brought BCS to the masses by bringing the cost per seat down and tying simple content management to the familiar desktop tools that users use every day.

With MOSS 2007, Microsoft provides an integrated product suite that provides at least basic capabilities in the six core ECM functional components, along with portal and search capabilities. The fact that it is built on the Microsoft stack will appeal to a broad range of organizations for whom Microsoft is a strategic partner.

While MOSS 2007 has attracted interest and gained some traction as a records management tool, a WCM solution and a platform for building CEVAs, it still has to mature in these areas.

Feedback regarding large, decentralized deployments of MOSS 2007 indicates a need for improvements in scalability and in management and replication functionality. Microsoft has begun providing tools and published guidance to address these challenges.

Microsoft must continue to ramp up support, training and partner certification as there is a clear "skills gap" between the demand SharePoint has created and the supply of well-trained implementation personnel.

Objective

Objective, an Australia-based vendor, has a strong vertical-market focus on the public sector in Asia/Pacific and Europe

The Objective suite, which has evolved through development rather than acquisition, is well-integrated and addresses the core ECM functional components.

Historically, Objective has delivered most professional services itself, rather than through partners. Recently, it has begun to establish relationships with major system integrators, but it needs to expand further and extend this partner channel.

The backbone of the new solution from Open Text is Recommind’s Insite Legal Hold application. With Recommind’s expertise in eDiscovery, Open Text can leverage Recommind’s platform to offer comprehensive litigation and eDiscovery readiness solutions. Add to that the fact that it can be integrated with Open Text’s own records management and e-mail management offerings -- all within the Open Text ECM Suite -- and there will be customers thirsty for this offering.