Winter/Spring 2010-11, Volume 18, Number 1 & 2

The Outsourcing Game by Debbie Legall Editor’s Notes by Liz Polly From the Board Room by Constance Ard From the Chair: The Challenge of Adding Value by John DiGilio SLA Legal Division Annual Conference Report by Colleen Cable A Little Blue Birdie Told Me the Legal Division Had a Contest! by Tracy Z. Maleeff Full Disclosure: Get to Know a Legal Division Member! by Tracy Z. Maleeff Mentoring Emerging Law Librarians: The Internship at Seyfarth Shaw LLP by Amanda S. Merk International Corner: Letter from Australia by Miz Brmbota Takeaway Tips from Managing Copyright in the Digital Age by Jill Strand Water Cooler: Spring Cleaning and Killing Cows – Organizational Responsiveness by Constance Ard The 2011 SLA Legal Division Board Awards and Grants Committee by Marilyn Bromley The Legal Division Welcomes New Members! by Lisa A. Ross Need to Know Forum: Alignment in Action by Jill Strand

Thank you to our Sponsors! The Outsourcing Game by Debbie Legall ([email protected]), Freelance Journalist

Client demand for reduced bills is forcing law firms to think carefully about the business benefits and ethical pitfalls of outsourcing.

In the current economic climate, law firms are increasingly seeking out ways to streamline their operations and drive down costs. Outsourcing is emerging as a way to achieve such aims in the face of a rapidly changing legal landscape. And as the race to deliver efficiencies to clients without sacrificing effectiveness becomes more competitive, choosing appropriate outsourcing arrangements is key.

In the global legal industry, two outsourcing operating models are becoming progressively evident: business process outsourcing (BPO), which entails using third parties to deliver non- billable tasks, including routine and repetitive work; and legal process outsourcing (LPO), where a law firm uses third parties to deliver billable client work.

Shaping the future

Perhaps the most high-profile example of BPO is demonstrated by CMS Cameron McKenna. The firm has signed an agreement with Integreon—a provider of integrated research, legal and professional business solutions—which delivers outsourcing services to top firms in the US and the UK. The deal, which is worth £583 million, is described by Integreon as “an exclusive ten- year agreement to outsource middle office services,” and is thought to be the largest outsourcing model of its type to date.

Tony Wright, Director of Operations at CMS Cameron McKenna’s London office, explains the reasoning behind this choice of partnership. In early 2009, the firm carried out a strategic review to identify the best way to structure a number of services including business services, operations (such as communications, facilities, document production, IT, learning and development and procurement). He explains that the firm used the following objectives to shape its future business model:

• deliver enhanced “best-in-class” service; • improve competitiveness and service flexibility; • create an innovative, scaleable business services platform (capable of serving multiple clients, offices and countries); • offer a stimulating new working environment and enhanced career opportunities where support staff become front-line professionals; • operate at the most efficient cost.

Wright elaborates that as part of the strategic review, the firm carried out a “detailed assessment of [the above] five models on a spectrum, which at one end included a ‘build it ourselves’ shared services model, and on the other a pure ‘lift and shift’ outsourcing model. In the middle were a combination of strategic partnerships—from those based on private equity funding (providing predominantly financial input) to others that offered more by way of (law firm) outsourcing experience and existing infrastructure.”

Insourcing approach

Some firms have a long history of outsourcing, and have consequently developed the knowledge and experience to fine-tune their outsourcing proposition according to the precise requirements of their clients.

One such firm is Baker & McKenzie, which, in 2000, developed a variation of the outsourcing approach in a process it called “insourcing.” This “insourcing” arrangement was a combination of outsourcing, offshoring and shared services, but with one key difference. It was delivered through a small team of employees who were hired at a carefully chosen location: Manila. The Manila-based team dealt with typing and the editing of dictated copy—and the team’s purpose was to add value to client work as well as to the firm’s internal services. Manila was chosen as the location for this work owing to the Philippines’ large contingent of highly educated native English speakers and because of the ready availability of support in other major languages including Japanese, Mandarin, Spanish and German.

Baker & McKenzie’s insourcing model, known as Global Services Manila (GSM), has evolved over the years. The GSM team has undergone dramatic growth and, with a staff headcount of more than 450, is equipped to serve the needs of the firm’s 67 offices throughout the globe. GSM delivers a broad spectrum of essential services including marketing, business development, IT and financial management.

The firm acknowledges, however, that not all clients’ needs are the same, and it is the first to admit that rather than replicating the same formula firm-wide, a tailored approach is preferred.

Greg Walters, Baker & McKenzie’s Global Chief Operating Officer affirms: “as a large, full- service firm with more than 15,000 clients around the world, a ‘one size fits all’ model is really not appropriate or feasible. Rather, we are focusing on what our clients are asking for—tailored solutions that address their specific business issues. For some clients, that may involve support from our insourcing team. For others, it may involve partnering with third-party providers on certain legal processes. It might even involve a combination of the two, or some other solution. Our approach will always be client-centric and client-driven.”

A growth model

Other firms have also embraced elements of the outsourcing model. In March 2009, Osborne Clark joined forces with Integreon to launch the first UK onshore shared-services centre for the legal market, to support the middle-office needs of Osborne Clarke, and those of other law firms.

In late 2009, Allen & Overy became the first magic circle firm to outsource its legal work when it signed Integreon as its LPO provider for outsourcing basic litigation document review processes to teams based in New York and Mumbai. LPO was once thought to be too sensitive an area of activity to outsource, but the pendulum has swung sharply in the opposite direction. According to a recent PricewaterhouseCoopers and Duke University offshoring research study, LPO is growing steadily worldwide, and indications are that this trend will continue.

In India for example—which has some 110 service providers specialising in LPO—legal services outsourcing is growing at a rate of 40 per cent per year. Asia Pacific meanwhile accounts for almost 60 percent of this market, with the remaining 20 percent being provided by the Philippines and Sri Lanka. But what are the reasons underpinning the growth in popularity of outsourcing?

Ethics of outsourcing

The answer could lie in the fact that outsourcing offers considerable benefits to its three key target audiences: the law firm, the law firm’s clients and the outsourcing partner.

Wright affirms that for CMS Cameron McKenna, the benefits include access to the best available support services and technologies, as well as the opportunity to demonstrate a significant investment in talent, processes and technology. He adds that the firm’s clients benefit in the following ways: “access to a raft of improved client (business) services; sophisticated project management of complex transactions to innovative ‘best-in-class’ IT systems (supporting everything from eBilling through cloud-based, mobile electronic operations); a law firm focused on concentrating its resources and assets on the firm’s core business of servicing legal clients.”

The outsourcing partner meanwhile can draw on “a talent pool of highly skilled, experienced business services professionals with experience of multijurisdictional support activities; and additional scale and capability against which to leverage operations to clients.”

Walters credits insourcing for Baker & McKenzie’s growth since 2000—in terms of revenue and profit—but remains cautious about pinpointing any specific aspect of the firm’s outsourcing model as a single contributing factor to success. He believes “there have been a number of factors that have led to that growth, and it’s impossible to isolate the effect of a single factor,” but points out the overall benefits to having an LPO arrangement in place: “we have won engagements where an important part of our proposal was that we would—in consultation with the client—work with LPO providers to deliver the services required.” Thus, a process of continuous improvement clearly remains a watchword for the firm.

But can it be argued that the act of outsourcing—despite the opportunities for improvement that it affords—can also lead to ethical dilemmas? In one jurisdiction—the U.S.—the problem is apparent. According to research released in July 2010 by Fronterion, a Chicago-based outsourcing consultancy firm, following a survey of 30 of the top US firms in the Am Law 50, the majority of US firms surveyed declined to comment about whether they were using LPO, even though the responses were confidential. Michael Bell, Managing Principal of Fronterion, believes that this wall of silence has been triggered because top US law firms appear to be in a quandary about whether to disclose that they outsource work, how they manage outsourced employees and maintain quality standards and, crucially, how they bill clients for such outsourced work. Firms will have no choice but to face these issues head on, because of the pressure to alter business models and address any number of challenges including increased competition and the demands of cost-conscious customers.

Inevitably, risk is a feature of BPO and LPO activity. Wright explains that while CMS Cameron is actively working to mitigate risk throughout its transformation programme, risks do exist “including the scale of change across the firm, and the potential for services to be affected during the transition.”

In the publication Business Process Outsourcing from Germany to India, Dr Axel Funk, partner, and Dr Gregor Zeifang—both of CMS Hasche Sigle, Stuttgart—refer to two further risks, language and culture, as a result of the increasing trend among German firms and companies to pursue BPO activities through Indian partners for reasons of cost. They believe that there is consequently “a possible language barrier which is often more relevant in the case of a BPO than in classical IT outsourcing where English is the dominant language.” They cite HR services by way of example, pointing out that if such a service were to be outsourced, it could only be provided in German.

Confusion reigns

Funk and Zeifang also contend that cultural differences present unique challenges of their own; such differences must be “taken into account and can lead to misunderstandings and friction in connection with the provision of services,” and such differences may only come to light after a BPO agreement has been concluded. Such differences can be ironed out, they believe, by constructing a “modular” BPO agreement—in line with what German firms or companies would expect to see—that determines the subject of the agreement and a range of other details including the business process being outsourced, contractual terms, liability and data protection.

Perhaps the biggest area of concern for firms initiating outsourcing activities to other jurisdictions is the law itself. In other words, in the case of German firms outsourcing their business operations to India, Funk and Zeifang point out that agreements must be governed by German law, bearing in mind that German clients would be highly unlikely to accept Indian law. The team also highlights other areas that are worthy of detailed consideration: claims for defects and liability.

Quality presents a further potential risk area—particularly as firms seek to strike a balance between quality and cost. Walters believes that in the case of his firm, this particular risk is not an issue. “Through our operation in Manila, we have found that it is indeed possible to both lower costs and improve quality. By consolidating certain operations, we have driven efficiencies that have saved time, which has been used in part to build in further quality control.”

But building on the ideas touched on by Funk and Zeifang, Stephen Denyer, Senior Vice-Chair of the IBA Law Firm Management Committee and global markets partner at Allen & Overy, Frankfurt, points out that “at the moment, there is no effective regulation of this cross-border activity. In fact there are not even any generally accepted guidelines or standards.” He holds that “the IBA has a unique contribution to make to the global debate about legal process outsourcing.” This is because “since the IBA represents both Bars and law firms from around the world, it can bring them together to create an internationally accepted code of best practice. I know the law firm members of the IBA would welcome this.”

Outsourcing clearly provides demonstrable benefits to all parties involved, but time and good preparation remain the prerequisites for success. Walters opines: “successful outsourcing doesn’t happen with the flip of a switch or the press of a button—it takes time and experience. We have learned what work can be moved around in the most cost-efficient manner at the highest quality levels that our clients and people expect.”

And for law firms considering LPO, Walters offers the following uncompromising message: “Start now, and be prepared to invest over time! This is not a passing fad; LPO is here to stay. Clients are demanding that law firms find ways to provide the most efficient, high value services, and a well-thought-through and executed approach can provide tangible benefits for clients.”

EDITOR'S NOTE: This article was originally published in the October 2010 edition of the International Bar News. It is reprinted with permission from the author and the International Bar Association (http://www.ibanet.org/).

It seems like only yesterday when I mentioned in the “Editor’s Notes” that we were moving the LDQ from a print newsletter to an electronic only PDF format. Well, I am back at it again! I am happy to inform LDQ readers that we have moved the newsletter from an electronic PDF format to a strictly web-based newsletter. You will now find current and past issues of the LDQ on the Legal Division’s new WordPress site (http://legal.sla.org/). On the new site readers can comment on articles to facilitate and encourage discussions about Legal Division topics. Take a look at the new site and let the Legal Division Board know how you like it.

This double issue features several articles from our Board, including Past Chair Constance Ard, current Chair John Digilio, and Chair-Elect Tracy Maleeff. Our Board has written to tell us all about the changes we can look forward to in the second half of 2011.

The LDQ is made up of volunteers so I encourage everyone to contribute if you have something to say. Please send me any news, articles, photos, opinions, and suggestions for future issues.

See you all in Philly!

Liz Polly Liz Polly, Editor From the Board Room by Constance Ard, Answer Maven (http://www.answermaven.com), 2010 Division Chair

Past Chair's Report: A Summary of 2010

Wow, I cannot believe an entire year and then some has passed since I first became chair of the Legal Division. What a great experience it has been serving as your CEO for a brief period of time.

And I must say I had the best co-workers ever! All of you really accomplished a tremendous amount of work last year. We updated the Governing Documents and produced a GREAT conference for all of our members. Then we just continued the good things in the second half of the year.

We have had a few leadership changes late in the year—as is often the case with volunteer organizations. I am happy to note that it did not take long to find people who could step up and take on new roles for the Division. They have continued on without hesitation.

Late in the year, Jill Strand and her Professional Development Committee organized a copyright webinar with astounding success. And even better, it was a success for our partner SLA units, the Kentucky Chapter, and IT Division. BNA and Dialog served as sponsors for the event, so I must say that with collaboration efforts like this, SLA will rejuvenate in no time.

We also started some outreach to students through our social media tools. Since the response was good, I think our upcoming leaders will continue to think of innovative ways to engage and reach out to new and potential members. Our community is better when we share experiences. Our community is expanding through social media, webinars, and our new website. I am so proud to see these initiatives continue.

I hope 2011 will see increased participation of our members in Division activities both virtual and in person. Take advantage of current Chair John DiGilio's Fall in Love with the Legal Division Campaign. Engage, communicate, participate, and watch the changes. Once you do this, I bet you will fall in love again with the Legal Division. Be courted by attending SLA's Annual Conference and experience division programming and networking events designed to bring great value to you.

I know it is easier for folks to travel to the Annual Conference with institutional support, but I encourage you to work towards attending even without support. The conference reenergizes me and teaches me invaluable things that benefit my clients and, in the past, benefited my employer. I say: start socking away money and do not ever forget the early bird registration! See you in Philly!

Thank you for choosing me to serve you as your chair. I am so proud to be a part of this great division and I am thankful for the leadership opportunity you bestowed upon me. From the Chair: The Challenge of Adding Value by John J. DiGilio, M.L.I.S., J.D., 2011 Division Chair

We all want value for our money. In fact, we deserve it. Whether it is buying groceries at the local market, paying a professional for services rendered, or even realizing actual benefit for the costs we pay to belong to an organization, value on return is where it is at. Sure we judge a service or a product on its quality per se. But in the end, we still ask ourselves whether it was worth the price we paid. It is no different with SLA. Membership must be worth the cost. Since taking our seats on the Board in January, your officers and directors have committed themselves to providing you with a solid return on your investment.

When the economy goes sour and the job market hits a rough patch, membership rolls tend to thin a bit. Attendance at events goes down. All of this almost goes without saying. But we can only blame financial hardships to a certain degree. Beyond that, member retention and vibrancy falls squarely on the shoulders of your leaders. It is our job to inspire you and provide you with the opportunities and resources that keep you coming back—that make your membership worth it. To that end, the Legal Division has been off to a busy start in 2011. Here is some of what we have been doing and what we have planned for the rest of the year:

• New Website: In April, the Legal Division launched a bold and brand new website. Chock full of new functionality and content, we wanted to create an interactive venue by which our members could stay informed of Division activities as well as comment or weigh in on what we are doing. From news to member profiles and polls, this is a site that celebrates who we are and what we do as legal information professionals. If you have not yet seen it, please check out (http://legal.sla.org). In fact, check it often!

• Members-Only Listserv: Also in April, we converted our email list to a members-only format. This was a tough decision to make, as we knew many non-members made use of our listserv for both staying in the loop on events and communicating with fellow law librarians. Again, our action was all about rewarding our paying members for dedicating their dollars (pounds, euro, etc.) to our Division. Our list is and should be a real benefit of membership. When was the last time you posted or participated in a discussion on the list? We invite you to do so!

• Conference Planning: Your Chair, Chair-Elect, and Conference Programming Coordinator have been working tirelessly (What am I saying? We are exhausted!) to create a robust and educational slate of sessions for this year’s conference in Philadelphia. With programs to educate, inspire, and foster networking, we are excited to welcome you to the City of Brotherly Love in June. We are bringing back some of your favorite speakers as well as featuring many new faces, who just cannot wait to meet you. Won’t you join us for SLA 2011? We’d love to see you!

• Membership Survey: Part of being able to deliver real value to our members requires that we get a better understanding of who you are, what you do, and what your needs are. We recently concluded a revamped membership survey that should help us plan out both the rest of 2011 and the next few years to come. Thank you to all who took a few

minutes to make your voices heard. We should have the results soon and look forward to sharing what we learn.

Like I said, it has been a VERY busy couple of months. However, the year does not end with the conclusion of the conference in June. No, there are six more months for us to make sure you get your money’s worth. You have my promise that your Board and Committee Chairs are going to do their best to keep the value and the rhythm flowing. Here are just a few of the outreach initiatives we have in the works:

• Professional Development: Our Professional Development Committee is looking to the summer and fall for some engaging new programming that will be open to all. Stay tuned for some interesting new sessions on things like social networking and expanding the reach of your department within your organizations. We’d love to hear any suggestions you may have for programs as well.

• Student & New Member Relations: Also, our Student Relations Committee is ramping up to revamp our mentoring program into something more workable given modern time restraints and to get involved in SLA’s new First Five Years initiative. So you can expect some news here soon as well. We all know that whereas some good librarians are simply born that way (some), most of us require nurturing and inspiration. That is what the Legal Division is here for and it is time we embraced that role.

I could go on and on about what we hope to accomplish in 2011. But then I would have nothing left to write about in future issues. Suffice it to say that your Board and Committee Chairs have been working hard to bring you value this last quarter and will continue to do so through the rest of the year. We mean it when we say that without you the Legal Division is nothing. We are doing our utmost to make you feel good about your investment in our unit and SLA as a whole. We want you to value the Legal Division as much as we value you.

Thank you and I hope to see you in Philly!

SLA Legal Division Annual Conference Report by Colleen Cable, Cable&Clark (http://www.cableandclark.com), 201l Division Planner

Great combinations? How about the birthplace of American freedom, cheesesteaks, Tastykakes, and SLA. That’s right, I’m talking about Philadelphia! Let’s have fun and get Future Ready together this summer at the annual conference. In addition to an innovative slate of programs, the Legal Division is also offering a variety of networking opportunities all designed to help you feel empowered, energized, and ready for what’s next!

Continuing Education

• Using Social Networking to Raise Your Profile and Performance (Saturday, June 11, 1:00-5:00 p.m.) o Speaker: Joe Murphy o Cost: $199 for members and only $99 for students

Networking Events

• Sponsor Appreciation Reception (Sunday, June 12, 7:00-9:00 p.m.) • Authors' Night Reception (Monday, June 13, 8:00-10:00 p.m.) • Members' Only Open House (Tuesday, June 14, 8:00-10:00 p.m.)

Business Meetings

• Legal Division Board of Directors Meeting (Sunday, June 12, 12:00-1:30 p.m.) • BNA Breakfast and Legal Division Business Meeting (Monday, June 13, 8:00- 9:30 a.m.)

Education Programs

• 60 Sites in 60 Minutes Gets Collaborative! (Monday, June 13, 10:00-11:00 a.m.) • Delivering Value: Making an Impact at Your Firm (Monday, June 13, 2:00-3:30 p.m.) • Cost-Prevention: It's the New Black! (Tuesday, June 14, 12:00-1:30 p.m.) • SPOTLIGHT SESSION: Capitalizing on Content to Grow Competencies (Tuesday, June 14, 8:00-9:30 a.m.) • Legal Division Unconference—Think Next Generation Round Tables (Wednesday, June 15, 10:00-11:30 a.m.)

We look forward to seeing you at all of our events!

A Little Blue Birdie Told Me the Legal Division Had a Twitter Contest! by Tracy Maleeff, Duane Morris LLP

November 2010 marked a milestone for the Legal Division as we successfully completed our first Twitter contest! In an effort to reach out to library school students to promote the Division, the Student Relations Committee, Amanda Merk and Grace Rosales along with Chair Elect Tracy Maleeff, created a contest which required entrants to Tweet (send a message) to the Division’s Twitter account @SLALegal. Students were encouraged to explain in 140 characters or less why they had an interest in becoming a law librarian. The contest ran for the entire month of November and was advertised mainly through library school listservs and on Twitter itself. We received a great response, but only one winner could be chosen. Nel Waldron (@HCMHelper), an MLIS student at the University of , wowed the judges with her entry: “@SLALegal I want to fight malpractice torts one atty at a time by becoming a law librarian. They turn lawyers into legal superheroes!” For her winning entry, Ms. Waldron received a free one-year student membership to SLA, including entry into the Legal Division. Make sure you know what the LD is up to in the Twitterverse by following us @SLALegal! Full Disclosure: Get to Know a Legal Division Member! by Tracy Z. Maleeff, Duane Morris LLP, 2011 Division Chair-Elect

This installment of “Full Disclosure” takes us to the Pacific Northwest. Washington State is home to at least 25 Legal Division members. Our newest Washingtonian member hails from wine country, the Walla Walla Valley. Grab a stemmed glass and relax as we head off to the Washington State wine region, the Walla Walla Valley.

[JPG photo sent in separate email to editor]

Name: Nel Waldron Title: Researcher Employer: Coffey Communications, Inc. Location: Walla Walla, Washington

Our interviewee has the distinction of being the Legal Division’s first ever Twitter contest winner. The story of the contest and her winning entry are included in this issue of the Legal Division Quarterly. Nel is a first-year library science student at the University of Washington, just finishing up her second quarter. UW’s distance learning program allows her to live and work in Walla Walla, while keeping up with her MLIS studies based in Seattle, almost five hours away.

Q: What made you decide to pursue an MLIS degree? Is this a career change for you?

I have worked for a healthcare communications company for the past eight years. My job has entailed helping colleagues and clients answer questions, conduct research projects, and manage information—essentially a lot of things that information professionals do. I thought that getting an MLIS would help me do my job more effectively and challenge me personally.

Q: What have you enjoyed the most or learned the most from in your classes?

I have enjoyed every class I have taken so far. The courses that I took in my first quarter were extremely interesting and they introduced me to some of the theories and schools of thought within library and information science.

Q: In addition to being a library school student, you work at Coffey Communications, Inc., a healthcare communications company. How long have you been in this position?

I have been working for my employer for a little over eight years.

Q: In one sentence, what do you actually do all day in your job?

Answer questions and keep things running smoothly.

Q: What is your biggest work or career-related challenge?

I would say right now, my biggest work and career-related challenge is balancing work while trying to develop my career as an information professional. One of the things I have enjoyed is seeing how my coursework helps me do my job better, even though I do not work in a traditional library setting.

Q: What was your first job or your first library-related job?

My first job was as a page for the U.S. House of Representatives when I was in high school. This job was not library-related, but the page school was located in the Library of Congress!

Q: How has SLA helped you professionally and/or affected your professional life?

I am constantly looking for helpful resources to share with colleagues and clients and the SLA is one such resource. I have been receiving the SLA e-newsletter for several years and I have often thought some of the certificate programs sound interesting. I hope to attend the annual conference at some point in the future!

Q: Do you belong to any other professional organizations?

I am a member of the American Library Association (ALA) and the Washington Library Association (WLA).

Q: How did you become interested in the SLA’s Legal Division?

After I graduated from college, I completed a paralegal program and worked for a law firm for several years. I have always had tremendous admiration for attorneys and all of the professionals who support and work alongside them.

Q: What is your educational background?

I graduated from Washington State University (Go Cougars!) with a degree in humanities. I am currently enrolled in the MLIS program at the University of Washington (Go Huskies!)

Q: What hobbies or interests do you have?

I have a Standard Schnauzer named Penny who just turned 11 years old. I love to read, spend time at the Pacific coast, and go to the movies. I like to watch sports, primarily and football. For baseball, my favorite teams are the and the Walla Walla Sweets of the , a collegiate wood bat baseball team. For football, I cheer for the . I enjoy watching sports far more than I like playing them!

Q: What is one law library/librarian-related blog, website, or Twitter account that you just cannot go one day without checking?

I like the LibraryLaw (http://blog.librarylaw.com) blog or @LibraryLaw on Twitter.

Q: Here is the last, but perhaps most important question. Who is your favorite librarian— living or dead, real or fictional?

My favorite librarian is my father. He just retired after nearly 40 years as a high school librarian. “Full Disclosure” and the Legal Division Quarterly thank Nel Waldron for her participation.

Would you like to be featured in the next installment of “Full Disclosure”? Or, would you like to nominate someone? Please contact Tracy Z. Maleeff at [email protected]. Mentoring Emerging Law Librarians: The Internship Program at Seyfarth Shaw LLP by Amanda S. Merk, Library Manager, Boston office of Seyfarth Shaw, 2011 Student Relations Committee Division Chair

About four years ago, I received a phone call from my former professor at the Simmons College Graduate School of Library and Information Studies. He wanted to know if he could bring a group of 25 students to our firm for a field trip. This began a wonderful relationship between the Boston office of law firm Seyfarth Shaw, whose library I manage, and the Graduate School of Library and Information Studies at Simmons College.

The students were given a tour of our firm and lunch. I spoke to them about my own career path and the things that have been most beneficial to my success: networking, work experience, professional association activities, mentors, and friends. I told the students about what it is like to manage a law firm library. A few times, I invited attorneys to join me to tell the students how lawyers use the library and how much they value a good law librarian. Since this first visit, we have hosted groups of students every semester. This winter I even came in to the law office on a Saturday morning to do the tour and presentation for a group of students studying during winter break.

The Seyfarth Shaw library tours resulted in more students becoming interested in law library careers. Since I began offering the tours, I have also been able to offer internships to Simmons students each semester. Instead of earning graduate credits in the classroom, the law library interns earn credits through a practical work experience at Seyfarth Shaw. These internships are especially helpful to students who have gone directly from undergraduate studies into library school. In the past, the typical library school student had already worked in a library before pursuing a masters degree, but today many Simmons library school students have never worked in a library. This puts some students at a disadvantage when they begin searching for work after graduation.

At Seyfarth Shaw the interns work on an independent study for credit towards their library degree from Simmons College. I assign them several projects to complete during the course of the semester. One intern created a database to store information about attorney desk reference books. Another project involved updating catalog records and shifting our print collections. Most of the interns who come to Seyfarth Shaw are hungry to learn how to manage a law library. They want to know how I handle reference requests, collection development, acquisitions, and budgeting. By shadowing me for a semester they get a good sense of how a law library operates. Library students also get to participate in the social life of our firm and join us when we volunteer in our community.

The interns are really a delight for me. They keep me connected to what is going on in library education. They are talented young people with diverse backgrounds and interests. One intern had been a Latin teacher in a private school for boys. Another was a devoted mother who shared many wonderful stories about her children. Some are very independent and prefer to work on solitary projects. Others are social and come into my office to chat. They have a sense of humor and offer a wonderful opportunity for intergenerational knowledge sharing. They bring just as much to the table as I do. The administration at Seyfarth Shaw is proud of my ongoing sponsorship of Simmons College interns. It is viewed as a positive way for our firm to foster our community and provide a learning opportunity to a student.

When the internships wrap up at the end of the semester, I am always a little sad to say goodbye, but I keep in touch with my former interns. I try very hard to help them find jobs by directing them to job openings I learn about, introducing them to my colleagues and by providing recommendations for them. If you aren’t already offering internship programs in your organization I highly recommend it. Mentoring emerging leaders in law librarianship is deeply satisfying.

2 International Corner Letter from Australia by Miz Brmbota, Know-How, Minter Ellison Lawyers

Greetings from down under!

It's like déjà vu (all over again).

It seems every time I write an article for the Legal Division Quarterly, there is yet another natural disaster in Australia, but particularly in Queensland (QLD). Unfortunately this time, it is no different as we have had devastating floods and cyclones hit the state. Massive rain events over the summer lead to floods across much of QLD with 99% of the state declared a disaster area. The military was called in to assist with the clean up and to search for those unfortunate souls who were swept away.

In mid January, parts of Brisbane city and its surrounding suburbs were inundated by floods with the clean up still continuing months later. Cyclone Yasi, a category 5 storm, hit the North QLD coast on February 3 and continued inland causing billions of dollars worth of damage. Amazingly, no lives lost. To date 2011 has been a bad one with natural disasters hitting the world, most recently with the earthquakes in New Zealand and Japan.

Speed Dating

However, life and work must go on. Something we have done over the past 12 months (which seems almost inane when compared to the above) is speed dating with the lawyers. I am sure most of you are aware that it is difficult to get lawyers to attend training sessions, even when they really need it. Busy schedules, last minute work commitments, phone calls, interruptions, and clients all take precedence over library training. Rightly so. Lawyers are in the business of making money and making money means constantly billing time, and time, as they say in the classics, is of the essence. Ultimately, training takes a back seat.

We have tried many different ways to entice the lawyers—each with moderate success. Even the promise of a delicious lunch and quality subject matter cannot corral them. This time we took a different tack. We took the training to them, one on one in the comfort of their own office, and at a time convenient to them, to answer the questions they wanted answered. Rather than calling it One on One Legal Research Training with Know-How, we called it Speed Dating to pique their interest.

First, we picked a practice group and pitched the idea to the lead partner. Second, my team created a tailored form (using an Opinio survey) so the lawyers could easily select the training they needed in areas such as legislation, case law, books, journals, commentary, and precedents. Third, an email with a link to the form went to the lead partner who then sent it to his team with clear instructions on completing it. The lawyers opened the link, marked the check boxes to the questions they wanted answered, selected a preferred time to meet (we offered times before 8:30am, during work hours or lunch time, and after 5pm), and then submitted the form.

Once the completed forms were returned, my team divvied up the lawyers and questions they would answer and scheduled one on one appointments. Over a period of 12 months, we held speed dating sessions with four practice groups. Two went well, with my team speed dating with 90% of the participants. The other two practice groups had low return rates with my team only training about 20% of the participants. It's hard to pinpoint why two of the practice groups embraced the idea while the other two did not, but the lead partners and the culture of the group may have played a role. Regardless, I focused on the bright spots and gathered feedback from the two groups that participated the most.

The feedback was positive. Some of the lawyers said they felt more comfortable asking questions. Obviously, the fear of looking foolish in front of your colleagues is minimized when you are in your office with the door closed. The lawyers also liked the scheduling options. Some lawyers preferred training in the morning while others preferred a casual session during their lunch break. Also, the training form triggered additional questions for the lawyers, which they may not have initially asked.

Overall, we tried to make the speed dating process as painless as possible. My team created an easy to use form, scheduled appointments, trained the lawyers in their offices at a time convenient for them, and was well prepared with the preselected questions. We also pitched the training sessions as being as short or as long as they liked. On average the training sessions lasted 20 minutes with some sessions ending after just 5 minutes and more in-depth sessions lasting an hour. My team is excited about speed dating with the Real Estate Group next. The speed dating training sessions is a great way for us get out there and meet with lawyers, especially with those whom we have limited contact.

Takeaway Tips from Managing Copyright in the Digital Age by Jill Strand, 2010 Division Professional Development Chair

On December 7, 2010, the Legal Division, IT Division, and Kentucky Chapter partnered to address the struggles and confusion many have about the U.S. Copyright Act. The presenters addressed the gray areas of fair use and library exemption and helped with the interpretation and negotiation terms of copyright in contracts for electronic resources. The speakers also provided tips on how to educate your patrons about copyright and how to create guidelines they can understand. The presenters were James Heller, author of the Librarian's Copyright Companion, and Christine Graesser, a law librarian with over twenty years of experience in firm and government law libraries. They outlined the basics of copyright law and offered tips on copyright compliance, licensing, and user education within your organization. Thank you to BNA and Dialog, LLC for their generous sponsorship!

Note: The following is a short summary of some of the ideas shared by the presenters. Any mistakes are the author’s notes, not the presenters. The slides and audio of the presentation can be downloaded at the SLA’s Legal Division website (http://legal.sla.org/).

Works subject to copyright: Literary, musical, dramatic, choreographic, pictorial, graphic and sculptural, motion pictures, sound recordings, architecture, and maps

Works protected by copyright include those which are original and fixed in a tangible medium, but not ideas, procedures, processes, systems, or concepts.

Works in the public domain: • have never been copyrighted • copyright has expired • works of the U.S. government, except those prepared under contract, copyrighted within government publications, and state government works • works not subjected to copyright protection, e.g. facts.

Copyright owner’s rights include reproduction, derivative works, public distribution, performance or display, and digital audio transmission of sound recordings for visual art.

Copyright terms: • author: life + 70 years • joint authors: 70 years after last surviving author’s death • anonymous/corporate/works for hire: 95 years after date of first publication or 120 years after creation, whichever expires first

Copyright damages include actual damages and profits or statutory damages, such as: • $750-$30,000 per infringement • $150,00 for willful infringement • $200 for innocent infringement

Remission of damages means a court cannot award damages against an employee of a nonprofit educational institution, library, or archives who acted within the scope of their employment and reasonably believed the use was fair. Remission is not available to for-profits, such as law firms or corporations.

Who is liable? A person making the infringing copy may be responsible under either: • vicarious liability: supervisor of direct infringer and derived financial benefit • contributory infringement: employer knew or should have known and materially contributed to the infringing activity

Fair use (section 107) is the equitable concept, which seeks to balance owner’s rights with the user’s needs. Whether use is fair or not is based on particular facts of each case. The purposes of fair use include criticism, comment, news reporting, teaching, scholarship, and research.

Factors for considering fair use: • purpose and character • nature of copyrighted work • amount and substantiality used • effect on potential market or value Note: Some for-profit copying is fair especially when done by an individual employee and there is no direct profit from the copying.

Library exemption (section 108(a)): Libraries have rights under section 108 and under fair use. Section 108 can be viewed as letting the library do for the patron what the patron could have done for themselves. A library can make a copy if it becomes the user’s property, the library does not profit from making the copy, and the library has no notice that the copy will be used for purpose other than private study, scholarship, or research.

Warning (section 108(d)): Libraries must still have warning displays where photocopying orders are accepted. The warning display must include the formal “notice of copyright” on the sign.

First sale doctrine (section 109): Owner may sell or otherwise use lawful copy. This section does not apply when something is accessed via an electronic resource with a license agreement. In other words, license can trump fair use and section 108 rights.

Articles and excerpts (section 108(d)): One copy of print items can be made, but it must become the user’s property. If accessed via an e-resource, such as LexisNexis or BNA, then the copy is subject to the license agreements’ usage restrictions. Ideally, a license will allow digital transmissions.

Section 108(g) rights do not apply when: • making multiple copies of the same materials even at different times for various people or groups; • systematically making single or multiple copies of different articles from the same journal title. Congress wanted to make sure libraries subscribe to as many copies as they need.

Licensing agreements: The license will identify authorized users, allow for permanent and/or temporary access for users, preserve Copyright Act rights, respect users’ privacy, and should include a hold harmless clause. The hold harmless clause insures that a library is not held liable if a vendor violates copyright or other laws. Resources on license agreements can be found at: • ARL Principles for Licensing Electronic Resources (http://www.arl.org/sc/marketplace/license/licprinciples.shtml) • Licensingmodels.org (http://www.licensingmodels.org/) • Yales’s Liblicense (http://www.library.yale.edu/~llicense/index.shtml)

Q & A Session:

Materials found on the Web? Not allowed to freely load Web content to an Intranet or forward to a group. Share Web content by emailing a hypertext link. A copy has not been made if there is only a link to an article.

Movie clips in presentations? Use movieclips.com (http://movieclips.com/) for help licensing film clips. Movie clips can be considered fair use, but be cautious, because there may be more to the issue than just copyright.

Maps and facts? Maps are copyrightable, but facts are not. For example, the statement that Michigan Avenue runs north through Chicago is a fact and is not protected. However, a Rand McNally map showing the location of Michigan Avenue is protected by copyright.

Law Firm Use? It is considered fair use to submit a copyrighted work, such as an article, to a court, but it is not fair use to copy and submit a book, CD, or DVD to court. A copy should be purchased for that purpose. However, a copyrighted work submitted to a court does not enter the public domain when it becomes part of the official court record.

Licensed databases? When something is obtained via a license, you generally do not own it. Be sure to refer to the license agreement.

Water Cooler Spring Cleaning and Killing Cows: Organizational Responsiveness by Constance Ard, Answer Maven (http://www.ansermaven.com), 2011 Past Division Chair

The problem with sacred cows in any type of organization is that they slow progress and innovation. I have been in three different meetings recently where the topic of sacred cows (even if it is not called by the same name) came up.

Doing business the same old way because we know it and it is familiar is no longer feasible. Strategic planning cycles are often too far in the future to be responsive. If an organizational structure is cumbersome and ineffective, and the strategic planning cycle is too long, it becomes difficult to respond to the organization’s immediate needs. Just ask anyone trying to balance a government budget right now.

Information professionals work with technology and we all know how fast technology works and advances. Even Best Buy has come to understand their customers’ desire for continual upgrades. While organizations do not necessarily need to make changes as fast as Best Buy, they need to at least think fast.

By this, I mean, there is no harm in reflecting regularly on the necessity of the things that make up the organization. For instance, I clean my closet for clothing I do not wear, do not want, and cannot wear, twice a year in spring and fall without fail. Basically, every time I do laundry I weed stained, worn out clothing. This often causes me to look and say, “I don’t have anything to wear.”

Organizations should not be that drastic. However, regular, honest weeding is a must. An organization should check to see if its components are duplicated or if nonfunctional units exist because it has outgrown them or, even better, the organization became healthy and slimmed down (trimmed the fat clothes). Go ahead and kill the sacred cow that was made for the right reason at the right time, but is no longer necessary.

Being brave, honest, and rational will benefit the organization overall. We can see what needs to be repaired, replaced, or heck we might even find a way to get something new and shiny that brings positive attention. Killing cows and weeding the closet will create an organization that is active, attractive, and willing to make necessary sacrifices to be responsive, flexible, and effective. The 2011 SLA Legal Division Board and Awards and Grants Committee are pleased to announce the recipients of this year’s SLA conference travel grants:

Veteran Member Grant: Joanne C. Kiley

Joanne Kiley is Manager of Information Services at Michael Best & Friedrich LLP in Chicago, IL. She worked part-time at MB&F for a few years while her children were young and is now able to be more involved in SLA, give back to the profession, and focus on her professional growth. She is on the local arrangements committee for the 2012 SLA conference in Chicago and looks forward to attending the Philadelphia conference with an eye to making the Chicago conference a success. Joanne dedicates some of her volunteer time to MLS students and new graduates and always mentions SLA’s membership benefits.

New Member Grant: Amy Levine

Amy Levine is Head of Research and Reference for the Circuit Library at the U.S. Court of Appeals for the 10th Circuit in Denver, CO. She recently moved from Arizona to Colorado for a career change and switched from an academic law library to a court library. Amy is eager to get involved in SLA and specifically the Legal Division so that she can further her career, gain knowledge she can use on the job, and share what she has learned with her co-workers. She is interested in attending programs that focus on moving from research to analysis and on creating an institutional repository. This will be her first SLA conference.

Non-US Member Grant: Laura Woods

Laura Woods is Information Services Advisor at Addleshaw Goddard LLP in West Yorkshire, UK. She has recently moved into a more senior role at her firm. At Addleshaw, she has been tasked with analyzing the information needs of two business development and practice groups. She hopes to gain advice and insight from fellow DLEG members who have undertaken this type of strategic service review. After attending the 2009 SLA conference, she knows what a stimulating, inspiring experience it is. In addition to valuable Legal Division sessions and networking, she "came away completely overwhelmed by the enthusiasm, drive, and commitment" of all attendees.

Congratulations to our three winners, and we look forward to meeting you in Philadelphia!

Marilyn Bromley Chair, 2011 Division Awards and Grants Committee

The Legal Division Welcomes New Members!

by Lisa A. Ross, Librarian/Information Specialist, Bass Berry & Sims, 2011 Division Membership Chair

Welcome to the 43 new members who joined the Legal Division in December, January, and February! Take a few minutes to look through the list and spend some time reaching out and welcoming one or more new members. Even if you do not know any of these individuals, I challenge you to choose one of them, maybe someone from your state, province, or country, and send an email or make a phone call welcoming them to the Legal Division. Help them find their place in SLA!

December 2010

• Andrea Alexander, Michigan • Claudia Banks, Illinois • Elaine Cheeseman, Pennsylvania • Sheena Ginnings, United Kingdom • Yasmin Hartung, Ontario • Helen Horn-Mitchem, Maryland • Victoria Jannetta, United Kingdom • Ofir Levavi, United States • Kimberly Meyer, New Jersey • Wai-shang Tung, New York • Helen Waldron, Washington • Cindy Wyckoff, Michigan • Sara Repinski, Delaware

January 2011

• Julie Beamer, Virginia • Melanie Creech, North Carolina • Andrea Davidson, Ontario • Louise Donnelly, Ontario • Ken Fox, Saskatchewan • Jessica Gallagher, Pennsylvania • Lauren Havens, North Carolina • Celine Hwang, New York • Constance Merz, Colorado • Anne Paige, Pennsylvania • Nancy Rine, New York • Meribeth Sewell, Ohio • Kimberly Sweet, Massachusetts • Jennifer Walker, Ontario • U.S. Court of Appeals Third Circuit Libraries, Pennsylvania

February 2011

• Leslie Bitman, Massachusetts • Gina Cartusciello, New York • Catherine Chenoweth, California • Christy D’Antonio, New Jersey • Christine DeLuca, Ontario • Elizabeth Edwards, Washington • Meagan Gibson, Kentucky • Joanne Lecky, British Columbia • Jennifer Lee, Ontario • Mary Susan Lucas, North Carolina • Sumanjit Manhas, British Columbia • Miller Montague, Kentucky • Ayda Pourasad, Massachusetts • Karen Wagner, Wisconsin • Aric Wu, California

March 2011

• Beth Applebaum, Michigan • Rajesh Kumar Bhardwaj, India • Andrea Black, Quebec • Sylvia Bly, Michigan • Susan Caird, British Columbia • Claudia Cohen, California • Arin Cole, Washington • David Dames, New York • Sonya Durney, Maine • Edison Ellenberger, Ohio • Elaine Finch, Virginia • Angela Johnson, Texas • Baruch Lipinsky, Ontario • Kaitlin Perri, New Brunswick • Felicia Raphael, New York • Marissa Roberto, New York • Donna Rosinski-Kauz, New Jersey • Elinor Sawyer, California • Chelsey Spencer, Kentucky • Jennifer Spraggins, Florida • Lei Tan, Michigan • Amy Taylor, District of Columbia • Christine Townsend, Rhode Island • Samuel Howard Wiggins, United Kingdom

2 Need to Know Forum: Alignment in Action by Jill Strand

At the 2011 Leadership Summit, SLA President Cindy Romaine noted the changes with the economy and in the job market indicating: “We need to be able to rebuild on what we were before—we need to find the next bar to swing to. We need a structure around constant change. Future Ready is an attitude that enables us to be more flexible and adaptable in alignment with the new knowledge economy." Or in the words of African-American baseball player Satchel Paige: “None of us is as smart as all of us.”

What do you need to know about the Need to Know Forum? As part of the 2011 Annual Conference, the Need to Know Forum is a unique outreach to non-SLA members, offering the opportunity to learn about the value of access to authoritative information. Sessions will address how best-in-class information solutions help organizations to be more competitive, avoid lawsuits, improve internal collaboration, and increase innovation. The forum offers participants ten different topics to choose from, a subset of the SLA conference sessions for Tuesday, June 14, plus an opportunity to interact with practicing information professionals from corporate, legal, nonprofit, and academic settings during a networking lunch—all for just $50. The goal is to draw people who need to know more about these issues and show them how information professionals contribute to the success of their organizations.

If you have any connections in the greater Philadelphia, New Jersey, or surrounding area, who might be interested in this event, stay turned for more details and help us get the word out. This event is not just for managers and executives. It is for anyone who might benefit from working with an information professional, whatever their role or industry. Plans are already in the works to repeat this event at the 2012 Annual Conference.