Legal Technology Journal

As technology continues to progress, it looks as though e-learning in all its forms might be here to stay. According to a recent study by the Ark Group, the e-learning market is due for a renaissance. The study indicated that 77% of organisations either have implemented e-learning or are considering it for the future.

Over the past year I have been investigating e-learning and its take-up within law firms, as part of my MBA. As part of the research, I have interviewed some of the innovators in law firms, and also talked to some of the companies involved in developing e-learning solutions. In my opinion, The Ark Group seems to be right: e-learning is back on the agenda, and it is becoming a ‘no-brainer’. 

However, to return to the title, in the mid to late 1990s e-learning was initially embraced as a solution to the ever-increasing need to deliver training (particularly IT training) to busy lawyers. As with many technologies (think of voice-activated dictation for example), many of the early implementers quickly became disillusioned, both at the complexity and time-consuming aspects of authoring good modules, and at the lack of enthusiasm with which staff adopted this new form of training.

For many, e-learning became another expensive but little-used initiative. (For comment on the history of e-learning, I can recommend Van Dam’s The E-learning Fieldbook (2003).) However, times and technologies have changed. When you start to think about the potential benefits of e-learning, the economic attraction is evident. Good e-learning also offers additional benefits in accessibility, monitoring and ‘just in time’ interventions to support learning. As the Internet has evolved, evidence of e-learning is pretty much everywhere. From government initiatives, such as Learn Direct, through to virtual learning environments (VLEs) in schools and universities, e-learning is being incorporated into the curriculum for current and future generations of learners. Therefore, inevitably, it is being used and will continue to grow in usage as inexorably as the Internet itself. This poses the questions: how to use it most effectively and how are law firms reacting to the additional benefits and challenges that this technology poses? In what areas of their training, business development and knowledge management (KM) strategies is it proving most beneficial?

What is meant by e-learning?

Our use of both technology and learning techniques has matured in the last decade, providing an impetus for e-learning itself to change. From very simple distribution of PowerPoint or Word documents in early modules, technology has now evolved to include many interactive elements, on-line scoring and extended use of multimedia being just a couple of examples.

The term ‘e-learning’ is also used in different ways – it now covers simulated or virtual classroom sessions, as well as the self-service concept. Van Dam also includes on-line forums, collaboration spaces and personal KM systems within its scope.

E-learning and KM

Given that law firms are know-how businesses, there is, by definition, a relationship between e-learning and KM. What is interesting about e-learning is that it crosses the divide between tacit and explicit knowledge sharing, providing tools for learning on the one hand and explicit knowledge retention on the other. (If you look at the materials produced by PLC, for example, you can see that while billed as a KM company, it is also involved in e-learning.) Learning and KM have also emerged as two distinct management disciplines within law firm strategy. This is frequently demonstrated by a firm having two separate management teams to drive their training and KM strategies. In her research in 2001, which led to her 2003 book, Rusanow observed that the KM and learning functions in firms were often separated, to the potential detriment of both. My research over the past year has shown evidence that some firms are tasking steps to address this problem, but that it still exists.

E-learning and client initiatives

There is much debate about the impact of the ‘networked society’. Mason and Lefrere (2003) talk about the availability of learning materials, discussion forums and on-line communities. They observe that this will inevitably have an effect on individual and organisational interaction. E-learning, therefore, has the potential for firms to develop products and services that can be delivered to clients to improve networking and competitive advantage, and there is a lot of evidence of this impacting on business development strategies.

The Susskind ‘Grid’

Even though we have yet to see Richard Susskind’s predictions for the future fully realised, it is useful to see how e-learning fits into each quadrant. There is a trend to develop more client- and KM-facing products as the technology matures. In the first instance, e-learning often sits with the IT department and back-office technologies, being used as a tool to support roll-outs of new IT solutions and upgrades. However, when I started to investigate the use of e-learning, I also found evidence that it is being used to capture and recycle knowledge in new and innovative ways and also to deliver new services to clients (one example being Addleshaw Goddard’s employment TV initiative).

To quote Dave Snowden, director of Cardiff Business School’s Cynefin Centre:

‘When properly understood, technology is a tool – if we pick it up and it fits our hand it’s useful, if we have to re-engineer our hands and to re-pattern our brain to fit the tool then it is obvious that there is something wrong.’

There is now evidence that e-learning technologies have developed to such an extent that they have become a very powerful tool, fitting in with existing working patterns.

Learning strategies

There has been a general recognition that investment in learning is central to the development of a strategy for growth in a knowledge-based economy. As part of this more strategic approach to learning, it seems likely that investment in technology to deliver and monitor that investment will follow. Part of the evolution to a more mature e-learning strategy has come with the recognition that this is not a cure-all. Blended learning is now accepted as the most predominant implementation of e-learning initiatives. In none of the firms I have spoken to has it been seen as a total replacement for face-to-face tuition. However, because products are now becoming more sophisticated, I did find evidence that some lawyers now prefer a self-service model, even if it does not have all the benefits of face-to-face tuition, simply because it is less disruptive to their working life. Another way that learning strategies are changing is the embedding of learning interventions so that training is delivered as needed, rather than ‘sheep-dip’ or in advance of a specific requirement. E-learning provides the capacity to embed training modules into workflow and business processes. It can ensure that the learning is delivered, literally just in time, and can monitor that it is both used and understood.

Analysing the learning strategies

Van Dam provides a series of case studies of implementation, not just of e-learning, but of blended learning, which Thorne (2002) and Rosenberg (2001) also regard as the most effective method of implementation. Van Dam’s studies also identify how learning works within core activities of an organisation, defined as follows:

• implementing new information systems and processes;
• complying with regulatory and legal mandates; and
• launching new products and services.

Slightly more peripheral are:

• educating new hires;
• developing leaders;
• extending the enterprise;
• training a sales force for the future; and
• global education of the workforce.

I found that there was significant take-up of e-learning in the top 100 law firms (by number of fee-earners) within each of the core activities. I found less take-up in the peripheral activities, although e-learning is growing in popularity as an integral part of most firms’ induction programmes.

Is e-learning being used to develop leaders? While there are some distinct examples of e-learning being used in this respect (eg Lovells, Eversheds and Linklaters), there is less evidence that e-learning is making an impact here.

When it comes to extending an enterprise, whether that involves making stronger allegiances with other firms and suppliers, or coping with a geographically or culturally diverse organisation, then there is evidence that e-learning is being used.

Looking at sales promotion and training activity, there is a lot of evidence on firm websites and in client initiatives to show that e-learning is being used. It has become a tool to improve the tender process, to educate potential clients about the firm and as part of a value-added offering, and in some cases it provides an additional revenue stream.

Finally, in terms of ‘global education’ referred to above, I found evidence that e-learning in the form of ‘corporate message’ (webinars, video streaming and managed community groups in particular) was being used within the larger firms.

About learning

While it is accepted that each of us has different learning preferences (and that these can be accommodated in e-learning modules), I would also recommend a quick look at Senge’s (1994) disciplines of learning. Although the Senge book is relatively old, it is a good overview of how e-learning can be applied to each of his five different principles of organisational learning (systems thinking, personal mastery, mental models, shared meaning and team learning.) It also starts to make the link between learning and knowledge and change management, and this may well be where e-learning can make its biggest impact. Redesigning KM materials and involving e-learning in change management processes has the potential to turn e-learning into a core technology in law firm development.

While I cannot pretend to provide a comprehensive overview of the current trends in e-learning, I have highlighted a few areas where e-learning is making a significant impact.

Learning-management systems (LMSs)

There is increased take-up of some kind of LMS, often linked to HR systems within law firms within the top 100. LMS implementations can be ferociously complicated and expensive, but I have seen some more recent entrants to the market that are aimed at smaller enterprises with more modest budgets. It is also becoming easier to integrate LMSs into enterprise-wide applications. While it is perfectly possible to implement e-learning with no LMS, the foundation to strategic learning that a management system provides is powerfully attractive. In the past year we at Hugh James have introduced an LMS and the benefits in terms of tracking our compliance training and in encouraging staff to share knowledge have been immediate. What is also encouraging is the emergence of more robust standards in e-learning. This will help LMS users incorporate a variety of modules and e-learning formats into their portfolio. What is less helpful is the plethora of charging policies that LMS vendors use: it makes product comparisons difficult and confuses the marketplace. What I have seen less evidence of to date is the incorporation of LMS into corporate portal and matter-centric initiatives, although I am sure that this is on the project list for most firms.

Capture/testing/click-and-learn technologies

Perhaps because this was the area where a lot of firms initially invested, I have found less evidence that we are using the facilities that e-learning provides for testing comprehension than I would have expected. However, given the need for increased risk management and compliance training, this is an inevitable area where e-learning will be deployed. While many firms still generate basic e-learning applications using PowerPoint and other Microsoft applications (and do so effectively), a lot of the specialist suppliers are now improving their products to make development of their courseware much more sophisticated and easy to use. Tutorpro, for example, has announced new authoring tools in the last few months.

Use of video streaming, podcasting etc

Use of these technologies is where I can see a huge leap forward in our use of e-learning. I have already referred to the Addleshaw Goddard project, but there are many other examples of firms of all sizes providing e-learning for both staff and clients/potential clients using multimedia formats. Thinking back to the Snowden quotation, this is where the technology is becoming a tool that fits naturally within both the office and distributed work environment. Because the technologies are not prohibitively expensive for new entrants, there is an opportunity for firms to develop products and improve their e-business offerings.

Simulations

One aspect of learning that has traditionally proven problematic is the provision of a safe space in which to learn from mistakes. Although we know this is the most effective form of learning, it does not easily fit within the culture of most law firms. E-learning simulation exercises can help to provide this safe space, to both stimulate debate and also help provide better strategic decision-making, and I can already see more and better offerings on the market. I am sure that firms are also developing their own business modelling software to support decision-making.

The future

Is e-learning here to stay? I think it is inevitable that (whether we call it e-learning or not), we will all become used to having learning available on demand whenever and wherever we want it. Face-to-face training will stay, but given the costs it will be much more focused on workshops, networking and debate, rather than on pure training outcomes. One writer commented that all learning is ‘a messy, but continuous process’; the evolution of e-learning is likely to fall into that category. 

Ann Hemming is the director of training and KM at Hugh James Solicitors. She obtained her MBA in Legal Practice from Nottingham Law School in 2005.

References

Steve Dineen, The E-learning Curve (2004)

Malcolm Knowles, Elwood Holton, and Dick Swanson, The Adult Learner (sixth edition, 2005)

Jon Mason and Paul Lefrere, ‘Trust, collaboration, e-learning and organisational transformation’, International Journal of Training and Development (p259–270, vol 7, no 4, December 2003)

Marc J Rosenberg, E-learning: Strategies for Delivering Knowledge in the Digital Age (2001)

Gretta Rusanow, Knowledge Management and the Smarter Lawyer (2003)

Peter Senge, The Fifth Discipline: The Art and Practice of the Learning Organisation (1994)

Kaye Thorne, Blended Learning: How to Integrate Online and Traditional Learning (2002)

Nick Van Dam, The E-Learning Fieldbook: Implementation Lessons and Case Studies from Companies That Are Making E-learning Work (2003)