Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
In “Innovative Approaches to Tech Training” (published in the October 2009 issue of LJN's Legal Tech Newsletter), I outlined Keesal, Young & Logan's cooperative approach to defining skill gaps as the foundation to a comprehensive learning program. After analyzing the mixed results of traditional training efforts, we formulated a plan to gather input from all fronts to create objective assessment metrics and we delivered skills assessments in personalized one-on-one sessions that incorporated a little bit of training and a lot of encouragement.
To our users, the assessment phase sent a clear message that we were making an investment in them and taking a thoughtful approach to gathering an accurate, complete picture of current skill levels. We made it clear that our purpose was to gauge skill level in all areas so that we could accurately assess where people need help and provide that help, rather than pass judgment.
From the perspective of the planner and the trainer, the assessments gave us an opportunity to have a direct conversation with each user, so that we could provide information on our intentions and gather unvarnished feedback. The assessment results also gave us amazing data. We used Excel 2007's pivot tables and conditional formatting to create quick reports on which applications (and even which specific tasks) were deficient by office, by department and by person. Likewise, the data also gave us a snapshot of application expertise throughout the firm.
The previous article was completed at the end of the assessment phase, right before we began training in earnest, and the early results were encouraging. Now that our “KYL Keeps You Learning” program has been underway for about a year and we have been in the training phase of the program for over six months, we have developed a clear picture of what theories were on point, and what we would have done differently if we were starting over with the knowledge we have today.
What follows is our own assessment ' an objective review of the unexpected obstacles and frustrations we faced, the successes we achieved, how we achieved them, as well as some useful suggestions for any firm interested in improving their own skills and competencies via a learning initiative.
Building Blocks of a Successful Program
An effective learning program (unlike a series of training courses) is a collection of tools, methods and processes that informs and engages the end user. It was important for us to experiment with different approaches in order to support varied schedules and learning styles. For example, nothing beats hands-on, live training in an environment with no distractions, but for some of our busiest attorneys, we needed to utilize one-on-one desk-side sessions or “captive audience” training in the lunch room in order to capture their attention. In addition to different methods, we experimented with different instruments. Remote sessions, videos, books, quick reference cards, instructor-led and even peer-led training were all appealing for different users. Some of these instruments were homegrown, but many were borrowed or bought. We looked for best practice tools for training outside the firm that could be altered to fit our training needs, if necessary.
We also tailored assessments and training to department needs and job functions. Grouping users together with peers who are at roughly the same skill level saves money on training resources. It also allows a firm to achieve a broad, incremental increase in skill level and, therefore, return a greater result in less time.
For collaborative tools, like shared case-management databases, we encouraged collaborative training. For this software to be successfully utilized, the entire trial team (partner, associate, paralegal and secretary) needs to know how to effectively collaborate, and bringing them in together to train as a team sets us up for success.
We lined up our training resources so that we could parachute in and train at the moment of need and desire. Often, we would get a call from someone heading into unfamiliar territory, and we would make sure to quickly mobilize a trainer to work with the user and provide on-the-job learning. This “just in time” support empowers users and encourages them to seek the right tool, rather than relying on familiar, but older, methods or less robust tools.
Encouraging feedback and honest dialogue has been an important pillar of our program. We knew that the program was engaging end users when we were being challenged and getting strong feedback. Responses from secretaries, paralegals and other support staff have helped us shape and adjust the program. This input enabled us to develop new guidelines and policies, which helped to ensure efficiency and consistency within the firm. Often, staffers know better than the software vendors what methods will be most efficient and consistent with firm needs and client and court requirements.
Users were engaged as evangelists and trainers in their own right. We all held one another accountable for participating in the training program and using the new tools that have made our practice more efficient. Department heads and power users were encouraged to develop training ideas and empowered to request training resources as needed. This type of encouragement is ultimately more effective and certainly healthier than a top-down approach. With increasing frequency, we're seeing examples of peer-to-peer training and support. Over e-mail and at the desk-side, users are coming to one another's aid and saying, “let me show you what I learned!”
Another important component of our program was developing a structure that would make it easy for outside resources to plug in with the same philosophical and mechanical approaches to assessment and training. As upgrades or new applications come online, we will be able to model the same approach that has been successful in our broad efforts to date.
Finally, users were provided with a motivation to participate. Even those who are engaged in the training program for the most altruistic reasons want “credit” for their participation. For the attorneys, of course, credit translates to CLE hours. For the staff, we developed a point system in which they receive participation points at different levels for any activity in the “KYL Keeps You Learning” program. Participating at any level ' even requesting a specific training session ' can earn points, so we're rewarding engagement at all levels. The staffers with the most participation points will be receiving recognition and prizes at our annual staff retreat.
The Benefit of Hindsight
As we look back on nearly a year of concentrated effort in this area, there are a few unexpected lessons that we learned along the way.
The first, and most important, is that this program could not have been effective with hard milestone and “end” dates. When we first embarked on this journey, we proposed a timeline and target dates for completion of the learning program. The more that we analyzed the impact and the successes of the program, the more we realized that an effective learning environment is built around a constant and evolving process, where each phase is an opportunity to inform and improve the next phase. If we do it right, we will never reach a stopping point.
On a more practical note, we also learned the tremendous importance of setting up and committing to a curriculum with set specific class names, descriptions and even course codes.
Particularly when using more than one training resource, this type of system is critical in avoiding duplicative training and confusion among the users. A simple college style class code system (101, 201, 202, etc.) provides a helpful way to track progress and plan for course advancement.
Finally, we didn't accurately predict the impact this program would have on our helpdesk team. Our expectation was that substantive and sustained training would reduce helpdesk calls. We learned early on that it does not; it may even have increased the volume, and it absolutely increased the complexity. As users gain skill and push applications to do more, they are moving into uncharted territory for even the experienced IT support staff. The upside of this trend is twofold: First, the calls often have a tone of “I'm trying something new and I've managed to get this far, but I could use your help getting the rest of the way,” and second, our helpdesk staff is rising to the challenge and providing more valuable service than ever before.
Results and Next Steps
As we close out the first year of “KYL Keeps You Learning,” we have achieved an across-the-board increase in confidence and ability. And we're just getting started. Increased participation in training sessions, increased efficiencies, peer-to-peer support, encouragement and accountability are becoming the norm. In year two, as we witness our internal community of experts grow and strengthen, we will be seeing more peer-led training sessions and even better input on policies and procedures. We are also launching a custom-built learning center that will track participation, facilitate class schedules and recommendations, and warehouse all of our training materials, quick reference sheets and handouts. Eventually, we expect the program to extend beyond technology and incorporate wellness, retirement and other aspects of employee learning.
Regardless of the mechanics, we will continue to develop a culture of learning and sharing, of supporting one another and upholding a standard of mutual accountability. With these fundamentals, “KYL Keeps You Learning” will evolve to support the industry's best practices, new software, new methods and, most importantly, our people.
In “Innovative Approaches to Tech Training” (published in the October 2009 issue of LJN's Legal Tech Newsletter), I outlined
To our users, the assessment phase sent a clear message that we were making an investment in them and taking a thoughtful approach to gathering an accurate, complete picture of current skill levels. We made it clear that our purpose was to gauge skill level in all areas so that we could accurately assess where people need help and provide that help, rather than pass judgment.
From the perspective of the planner and the trainer, the assessments gave us an opportunity to have a direct conversation with each user, so that we could provide information on our intentions and gather unvarnished feedback. The assessment results also gave us amazing data. We used Excel 2007's pivot tables and conditional formatting to create quick reports on which applications (and even which specific tasks) were deficient by office, by department and by person. Likewise, the data also gave us a snapshot of application expertise throughout the firm.
The previous article was completed at the end of the assessment phase, right before we began training in earnest, and the early results were encouraging. Now that our “KYL Keeps You Learning” program has been underway for about a year and we have been in the training phase of the program for over six months, we have developed a clear picture of what theories were on point, and what we would have done differently if we were starting over with the knowledge we have today.
What follows is our own assessment ' an objective review of the unexpected obstacles and frustrations we faced, the successes we achieved, how we achieved them, as well as some useful suggestions for any firm interested in improving their own skills and competencies via a learning initiative.
Building Blocks of a Successful Program
An effective learning program (unlike a series of training courses) is a collection of tools, methods and processes that informs and engages the end user. It was important for us to experiment with different approaches in order to support varied schedules and learning styles. For example, nothing beats hands-on, live training in an environment with no distractions, but for some of our busiest attorneys, we needed to utilize one-on-one desk-side sessions or “captive audience” training in the lunch room in order to capture their attention. In addition to different methods, we experimented with different instruments. Remote sessions, videos, books, quick reference cards, instructor-led and even peer-led training were all appealing for different users. Some of these instruments were homegrown, but many were borrowed or bought. We looked for best practice tools for training outside the firm that could be altered to fit our training needs, if necessary.
We also tailored assessments and training to department needs and job functions. Grouping users together with peers who are at roughly the same skill level saves money on training resources. It also allows a firm to achieve a broad, incremental increase in skill level and, therefore, return a greater result in less time.
For collaborative tools, like shared case-management databases, we encouraged collaborative training. For this software to be successfully utilized, the entire trial team (partner, associate, paralegal and secretary) needs to know how to effectively collaborate, and bringing them in together to train as a team sets us up for success.
We lined up our training resources so that we could parachute in and train at the moment of need and desire. Often, we would get a call from someone heading into unfamiliar territory, and we would make sure to quickly mobilize a trainer to work with the user and provide on-the-job learning. This “just in time” support empowers users and encourages them to seek the right tool, rather than relying on familiar, but older, methods or less robust tools.
Encouraging feedback and honest dialogue has been an important pillar of our program. We knew that the program was engaging end users when we were being challenged and getting strong feedback. Responses from secretaries, paralegals and other support staff have helped us shape and adjust the program. This input enabled us to develop new guidelines and policies, which helped to ensure efficiency and consistency within the firm. Often, staffers know better than the software vendors what methods will be most efficient and consistent with firm needs and client and court requirements.
Users were engaged as evangelists and trainers in their own right. We all held one another accountable for participating in the training program and using the new tools that have made our practice more efficient. Department heads and power users were encouraged to develop training ideas and empowered to request training resources as needed. This type of encouragement is ultimately more effective and certainly healthier than a top-down approach. With increasing frequency, we're seeing examples of peer-to-peer training and support. Over e-mail and at the desk-side, users are coming to one another's aid and saying, “let me show you what I learned!”
Another important component of our program was developing a structure that would make it easy for outside resources to plug in with the same philosophical and mechanical approaches to assessment and training. As upgrades or new applications come online, we will be able to model the same approach that has been successful in our broad efforts to date.
Finally, users were provided with a motivation to participate. Even those who are engaged in the training program for the most altruistic reasons want “credit” for their participation. For the attorneys, of course, credit translates to CLE hours. For the staff, we developed a point system in which they receive participation points at different levels for any activity in the “KYL Keeps You Learning” program. Participating at any level ' even requesting a specific training session ' can earn points, so we're rewarding engagement at all levels. The staffers with the most participation points will be receiving recognition and prizes at our annual staff retreat.
The Benefit of Hindsight
As we look back on nearly a year of concentrated effort in this area, there are a few unexpected lessons that we learned along the way.
The first, and most important, is that this program could not have been effective with hard milestone and “end” dates. When we first embarked on this journey, we proposed a timeline and target dates for completion of the learning program. The more that we analyzed the impact and the successes of the program, the more we realized that an effective learning environment is built around a constant and evolving process, where each phase is an opportunity to inform and improve the next phase. If we do it right, we will never reach a stopping point.
On a more practical note, we also learned the tremendous importance of setting up and committing to a curriculum with set specific class names, descriptions and even course codes.
Particularly when using more than one training resource, this type of system is critical in avoiding duplicative training and confusion among the users. A simple college style class code system (101, 201, 202, etc.) provides a helpful way to track progress and plan for course advancement.
Finally, we didn't accurately predict the impact this program would have on our helpdesk team. Our expectation was that substantive and sustained training would reduce helpdesk calls. We learned early on that it does not; it may even have increased the volume, and it absolutely increased the complexity. As users gain skill and push applications to do more, they are moving into uncharted territory for even the experienced IT support staff. The upside of this trend is twofold: First, the calls often have a tone of “I'm trying something new and I've managed to get this far, but I could use your help getting the rest of the way,” and second, our helpdesk staff is rising to the challenge and providing more valuable service than ever before.
Results and Next Steps
As we close out the first year of “KYL Keeps You Learning,” we have achieved an across-the-board increase in confidence and ability. And we're just getting started. Increased participation in training sessions, increased efficiencies, peer-to-peer support, encouragement and accountability are becoming the norm. In year two, as we witness our internal community of experts grow and strengthen, we will be seeing more peer-led training sessions and even better input on policies and procedures. We are also launching a custom-built learning center that will track participation, facilitate class schedules and recommendations, and warehouse all of our training materials, quick reference sheets and handouts. Eventually, we expect the program to extend beyond technology and incorporate wellness, retirement and other aspects of employee learning.
Regardless of the mechanics, we will continue to develop a culture of learning and sharing, of supporting one another and upholding a standard of mutual accountability. With these fundamentals, “KYL Keeps You Learning” will evolve to support the industry's best practices, new software, new methods and, most importantly, our people.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.