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	<title>Comments for Enlightened tradition</title>
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	<link>http://blog.tarn.org</link>
	<description>Unpicking traditional assumptions about KM and the life of the law</description>
	<lastBuildDate>Mon, 14 Nov 2011 13:28:21 +0000</lastBuildDate>
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		<title>Comment on Hiding behind technology: what kind of a job is that? by Andrew Woolfson</title>
		<link>http://blog.tarn.org/2011/08/19/hiding-behind-technology-what-kind-of-a-job-is-that/#comment-1398</link>
		<dc:creator><![CDATA[Andrew Woolfson]]></dc:creator>
		<pubDate>Mon, 14 Nov 2011 13:28:21 +0000</pubDate>
		<guid isPermaLink="false">http://blog.tarn.org/?p=728#comment-1398</guid>
		<description><![CDATA[Just got round to reading this (at my screen) catching up on stuff via my newsreader as a way fo being distracted over lunch befroe i get back to the normal distractions which make up the rest of the day.

I support your view...............]]></description>
		<content:encoded><![CDATA[<p>Just got round to reading this (at my screen) catching up on stuff via my newsreader as a way fo being distracted over lunch befroe i get back to the normal distractions which make up the rest of the day.</p>
<p>I support your view&#8230;&#8230;&#8230;&#8230;&#8230;</p>
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		<title>Comment on Your boom is not my boom by Baby Boom &#124; Game Glist</title>
		<link>http://blog.tarn.org/2009/02/19/your-boom-is-not-my-boom/#comment-1286</link>
		<dc:creator><![CDATA[Baby Boom &#124; Game Glist]]></dc:creator>
		<pubDate>Mon, 18 Jul 2011 18:16:48 +0000</pubDate>
		<guid isPermaLink="false">http://blog.tarn.org/?p=216#comment-1286</guid>
		<description><![CDATA[[...] Baby Boom blog.tarn.org [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Baby Boom blog.tarn.org [...]</p>
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		<title>Comment on The nature of the firm, and why it matters by To be really productive, we need to make friends not appointments &#171; Don&#039;t Compromise!</title>
		<link>http://blog.tarn.org/2011/05/03/the-nature-of-the-firm-and-why-it-matters/#comment-1250</link>
		<dc:creator><![CDATA[To be really productive, we need to make friends not appointments &#171; Don&#039;t Compromise!]]></dc:creator>
		<pubDate>Fri, 27 May 2011 15:37:24 +0000</pubDate>
		<guid isPermaLink="false">http://blog.tarn.org/?p=719#comment-1250</guid>
		<description><![CDATA[[...] design as well as culture involved in these issues (a topic explored in another post by Mark Gould, The nature of the firm, and why it matters, which also raises the issues of organisational flexibility, productivity and longevity – none of [...]]]></description>
		<content:encoded><![CDATA[<p>[...] design as well as culture involved in these issues (a topic explored in another post by Mark Gould, The nature of the firm, and why it matters, which also raises the issues of organisational flexibility, productivity and longevity – none of [...]</p>
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		<title>Comment on It&#8217;s mine and I will choose what to do with it by To be really productive, we need to make friends not appointments &#171; Don&#039;t Compromise!</title>
		<link>http://blog.tarn.org/2009/06/30/its-mine-and-i-will-choose-what-to-do-with-it/#comment-1249</link>
		<dc:creator><![CDATA[To be really productive, we need to make friends not appointments &#171; Don&#039;t Compromise!]]></dc:creator>
		<pubDate>Fri, 27 May 2011 15:36:56 +0000</pubDate>
		<guid isPermaLink="false">http://blog.tarn.org/?p=482#comment-1249</guid>
		<description><![CDATA[[...] But other types of knowledge are not so easily automated. Is our wisdom and our final value as individuals in the workplace ultimately one of those abstract human qualities that lie enigmatically beyond the scope of IT or of quantifying? (It occurs to me that many of the blockbusting sci-fi films that have grabbed our collective attention are technological dystopias: AI; 2001; Terminator; I, Robot – much as we hope technology will solve all our issues, some element of human essence cannot be captured within it. There’s a critical difference between crunching data and interpreting it.) It’s hard to tell whether this acknowledgement that individual human capability may elude our ‘bottling skills’ is an admission of the current frontiers of applied IT, or that current employment practice – that employees no more expect a ‘job for life’ than organisations anticipate offering one – must accept that ‘knowledge’ will move on. Organisations capture what they can before the target moves on. (Our human response to this bottling process and its impact on our relationships with each other raises a whole new host of issues too, as Mark Gould points out in this and many other blog postings.) [...]]]></description>
		<content:encoded><![CDATA[<p>[...] But other types of knowledge are not so easily automated. Is our wisdom and our final value as individuals in the workplace ultimately one of those abstract human qualities that lie enigmatically beyond the scope of IT or of quantifying? (It occurs to me that many of the blockbusting sci-fi films that have grabbed our collective attention are technological dystopias: AI; 2001; Terminator; I, Robot – much as we hope technology will solve all our issues, some element of human essence cannot be captured within it. There’s a critical difference between crunching data and interpreting it.) It’s hard to tell whether this acknowledgement that individual human capability may elude our ‘bottling skills’ is an admission of the current frontiers of applied IT, or that current employment practice – that employees no more expect a ‘job for life’ than organisations anticipate offering one – must accept that ‘knowledge’ will move on. Organisations capture what they can before the target moves on. (Our human response to this bottling process and its impact on our relationships with each other raises a whole new host of issues too, as Mark Gould points out in this and many other blog postings.) [...]</p>
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		<title>Comment on The nature of the firm, and why it matters by links for 2011-05-06 :: Blog :: Headshift</title>
		<link>http://blog.tarn.org/2011/05/03/the-nature-of-the-firm-and-why-it-matters/#comment-1228</link>
		<dc:creator><![CDATA[links for 2011-05-06 :: Blog :: Headshift]]></dc:creator>
		<pubDate>Fri, 06 May 2011 16:02:21 +0000</pubDate>
		<guid isPermaLink="false">http://blog.tarn.org/?p=719#comment-1228</guid>
		<description><![CDATA[[...] The nature of the firm, and why it matters « Enlightened tradition (tags: law legal socialbusiness connectivism) [...]]]></description>
		<content:encoded><![CDATA[<p>[...] The nature of the firm, and why it matters « Enlightened tradition (tags: law legal socialbusiness connectivism) [...]</p>
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		<title>Comment on The nature of the firm, and why it matters by Mark Gould</title>
		<link>http://blog.tarn.org/2011/05/03/the-nature-of-the-firm-and-why-it-matters/#comment-1226</link>
		<dc:creator><![CDATA[Mark Gould]]></dc:creator>
		<pubDate>Wed, 04 May 2011 15:55:23 +0000</pubDate>
		<guid isPermaLink="false">http://blog.tarn.org/?p=719#comment-1226</guid>
		<description><![CDATA[You are right that the ethical and professional rules governing legal practice are a strong factor in the continued existence of law firms. The kind of scenario you describe was in my mind when I wrote the last couple of paragraphs, which is one reason why I put clients in the driving seat.

Within a firm, some fluidity of management might be possible -- approaching a podular form. In order to achieve this, I think the firm would have to have a different, more restrictive, approach to client engagement than is currently possible. It would probably also have to be quite a small business.

On the other hand, a client might be able to manage its own legal function in a podular way -- drawing on external resource when necessary. This depends on there being a commonly agreed backbone of standards to work with, so that no time is wasted training new members of the team.]]></description>
		<content:encoded><![CDATA[<p>You are right that the ethical and professional rules governing legal practice are a strong factor in the continued existence of law firms. The kind of scenario you describe was in my mind when I wrote the last couple of paragraphs, which is one reason why I put clients in the driving seat.</p>
<p>Within a firm, some fluidity of management might be possible &#8212; approaching a podular form. In order to achieve this, I think the firm would have to have a different, more restrictive, approach to client engagement than is currently possible. It would probably also have to be quite a small business.</p>
<p>On the other hand, a client might be able to manage its own legal function in a podular way &#8212; drawing on external resource when necessary. This depends on there being a commonly agreed backbone of standards to work with, so that no time is wasted training new members of the team.</p>
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		<title>Comment on The nature of the firm, and why it matters by D. C. Toedt</title>
		<link>http://blog.tarn.org/2011/05/03/the-nature-of-the-firm-and-why-it-matters/#comment-1225</link>
		<dc:creator><![CDATA[D. C. Toedt]]></dc:creator>
		<pubDate>Wed, 04 May 2011 13:41:14 +0000</pubDate>
		<guid isPermaLink="false">http://blog.tarn.org/?p=719#comment-1225</guid>
		<description><![CDATA[One big impediment to podification is the rule that a conflict of interest for a single lawyer is imputed to his whole firm. 

Suppose Lawyer A&#039;s client becomes adverse to a client of Lawyer B in the same firm. 

Suppose also that (i) Lawyer B&#039;s client represents more billings to the firm, and/or (ii) she is otherwise more powerful within the firm, for example because she has a bigger book of business overall.

In that situation, one and perhaps two things will almost surely happen:  

1. The firm&#039;s management will tell Lawyer A to break off his relationship with what firm management regards as the less-valuable client; and/or

2. Lawyer A will leave the firm, taking his client with him.

Podification would be a very nice development, but I don&#039;t see it happening as long as the imputed-conflict rule is around.

The U.S. needs a conflicts system more like the way I understand UK barristers&#039; chambers operate, in which two barristers in the same chambers can find themselves on opposite sides of the same case. 

It&#039;d be interesting to explore whether existing ethics rules would allow a group of lawyers to set up as &quot;chambers&quot; in that way, in essence sharing space. Conflicts would have to be managed on a person-by-person basis, and files would have to be compartmentalized, but it doesn&#039;t seem per se impossible.]]></description>
		<content:encoded><![CDATA[<p>One big impediment to podification is the rule that a conflict of interest for a single lawyer is imputed to his whole firm. </p>
<p>Suppose Lawyer A&#8217;s client becomes adverse to a client of Lawyer B in the same firm. </p>
<p>Suppose also that (i) Lawyer B&#8217;s client represents more billings to the firm, and/or (ii) she is otherwise more powerful within the firm, for example because she has a bigger book of business overall.</p>
<p>In that situation, one and perhaps two things will almost surely happen:  </p>
<p>1. The firm&#8217;s management will tell Lawyer A to break off his relationship with what firm management regards as the less-valuable client; and/or</p>
<p>2. Lawyer A will leave the firm, taking his client with him.</p>
<p>Podification would be a very nice development, but I don&#8217;t see it happening as long as the imputed-conflict rule is around.</p>
<p>The U.S. needs a conflicts system more like the way I understand UK barristers&#8217; chambers operate, in which two barristers in the same chambers can find themselves on opposite sides of the same case. </p>
<p>It&#8217;d be interesting to explore whether existing ethics rules would allow a group of lawyers to set up as &#8220;chambers&#8221; in that way, in essence sharing space. Conflicts would have to be managed on a person-by-person basis, and files would have to be compartmentalized, but it doesn&#8217;t seem per se impossible.</p>
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		<title>Comment on The nature of the firm, and why it matters by links for 2011-05-03 &#124; Ex Orbite</title>
		<link>http://blog.tarn.org/2011/05/03/the-nature-of-the-firm-and-why-it-matters/#comment-1224</link>
		<dc:creator><![CDATA[links for 2011-05-03 &#124; Ex Orbite]]></dc:creator>
		<pubDate>Wed, 04 May 2011 06:06:15 +0000</pubDate>
		<guid isPermaLink="false">http://blog.tarn.org/?p=719#comment-1224</guid>
		<description><![CDATA[[...] The nature of the firm, and why it matters « Enlightened tradition (tags: lawfirm legal socialbusiness)     This entry was posted in Uncategorized. Bookmark the permalink.    &#8592; links for&#160;2011-05-01   LikeBe the first to like this post. [...]]]></description>
		<content:encoded><![CDATA[<p>[...] The nature of the firm, and why it matters « Enlightened tradition (tags: lawfirm legal socialbusiness)     This entry was posted in Uncategorized. Bookmark the permalink.    &larr; links for&nbsp;2011-05-01   LikeBe the first to like this post. [...]</p>
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		<title>Comment on Knowledge &#8216;what&#8217;? And why? by Ed</title>
		<link>http://blog.tarn.org/2011/01/26/knowledge-what-and-why/#comment-1130</link>
		<dc:creator><![CDATA[Ed]]></dc:creator>
		<pubDate>Thu, 10 Feb 2011 13:53:06 +0000</pubDate>
		<guid isPermaLink="false">http://blog.tarn.org/?p=705#comment-1130</guid>
		<description><![CDATA[I&#039;m coming to this post from outside a formal KM framework (many years prior experience in organisational &#039;Information Centres&#039;, in open learning design and related fields, but not KM per se), but one thing immediately strikes me - &#039;Informal Conversation&#039; appears as a channel only in relation to a personal/friend network. My own reflection is that I&#039;ve learned immensely from on-going daily dialogue both with project teams and &#039;communities of practice&#039; over the years - the kind of dialogue that could almost be described as &#039;mutual mentoring&#039;. (I also notice that mentoring doesn&#039;t appear anywhere as a method of imparting or sharing knowledge, which is another surprise.)]]></description>
		<content:encoded><![CDATA[<p>I&#8217;m coming to this post from outside a formal KM framework (many years prior experience in organisational &#8216;Information Centres&#8217;, in open learning design and related fields, but not KM per se), but one thing immediately strikes me &#8211; &#8216;Informal Conversation&#8217; appears as a channel only in relation to a personal/friend network. My own reflection is that I&#8217;ve learned immensely from on-going daily dialogue both with project teams and &#8216;communities of practice&#8217; over the years &#8211; the kind of dialogue that could almost be described as &#8216;mutual mentoring&#8217;. (I also notice that mentoring doesn&#8217;t appear anywhere as a method of imparting or sharing knowledge, which is another surprise.)</p>
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		<title>Comment on Knowledge &#8216;what&#8217;? And why? by Ellen Naylor</title>
		<link>http://blog.tarn.org/2011/01/26/knowledge-what-and-why/#comment-1108</link>
		<dc:creator><![CDATA[Ellen Naylor]]></dc:creator>
		<pubDate>Thu, 27 Jan 2011 17:00:39 +0000</pubDate>
		<guid isPermaLink="false">http://blog.tarn.org/?p=705#comment-1108</guid>
		<description><![CDATA[Good post, Mark! What to do when you don&#039;t know. This resonates with me in particular as the approach I take when I put together a strategy to capture information, especially from human sources, for competitive intelligence work.

I don&#039;t know and the client doesn&#039;t know so I put together a plan about how we&#039;ll &quot;find out.&quot; Your approach to KM is more about general learning. 

For CI I take each of your circles and dig deeper to find the people I should connect with, and in what order, so it&#039;s a more tactical/operational approach.

I also like your chart of sources and dig into community of practice heavily outside of the firm to keep from being blindsided by the company&#039;s culture in learning.]]></description>
		<content:encoded><![CDATA[<p>Good post, Mark! What to do when you don&#8217;t know. This resonates with me in particular as the approach I take when I put together a strategy to capture information, especially from human sources, for competitive intelligence work.</p>
<p>I don&#8217;t know and the client doesn&#8217;t know so I put together a plan about how we&#8217;ll &#8220;find out.&#8221; Your approach to KM is more about general learning. </p>
<p>For CI I take each of your circles and dig deeper to find the people I should connect with, and in what order, so it&#8217;s a more tactical/operational approach.</p>
<p>I also like your chart of sources and dig into community of practice heavily outside of the firm to keep from being blindsided by the company&#8217;s culture in learning.</p>
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