ILTA: Developing an IG Framework for the Law Firm Beth Chiaiese, CRM, MLIS Director, Professional Responsibility & Compliance Foley & Lardner LLP Education Code: MO07-4243 1 Learning Objectives Upon completing this session, you will be able to: 1. Define the scope and guiding principles of your IG program 2. Develop a charter for an IG Advisory Board 3. Develop a strategic plan for IG and an operational roadmap 4. Identify key roles for your IG organization 5. Consider options for branding the program 2 1 Agenda For Today Using Foley & Lardner as a case study, we’ll talk about the IG Framework: • What it is • Its components • Who builds it • Required skills • How to build it 3 Foley & Lardner LLP • General practice firm • Business law • Intellectual property • Litigation • Founded in 1842 in Milwaukee • Today we have • About 825 lawyers • 17 U.S. and 3 international offices • We began work on our IG Framework in 2010 • Triggers for IG • The financial downturn • The need to move beyond physical recordkeeping • Compliance requirements 4 2 Refresher: What Is IG? • A way of leveraging the power of information by: • Treating it as a corporate asset • Protecting it • Managing it • It drives significant cultural change: • It requires everyone in the organization to participate AND change the way they work with information • It requires a team approach to design, build, and implement • It is NOT a synonym for RIM 5 The Foley IG Pinwheel Applies to Client and Business Information Systems RIM KM Access Business Security Continuity Privacy Firm IP Matter Life Cycle Matter Mandated Discovery Mobility Destruction Framework & Guiding Principles 6 3 Polling Question 1 • Is your firm implementing an IG program? 1. 2. 3. 4. 5. We are actively engaged in IG We are planning our IG program We are talking about IG but haven’t taken any steps We aren’t working on IG at all I don’t know 7 Polling Question 2 • Have you developed or begun to develop a framework for IG? 1. Yes 2. No 3. I don’t know 8 4 What is the IG Framework? 1. Leadership • The foundation of the IG program • It gives the IG team • Structure • A benchmark • It gives the firm • A platform for awareness and change 2. Buy-In 3. Team 4. Plans 5. Policies 6. Change Management 7. Continuous Improvement 9 1. The IG Framework Requires a Leader Influence • An information management professional Leadership • Generally at the C- or director-level • OR, a member of management • COO • General counsel • Member of management committee • A partner or senior staff leader appointed by management Strategic Planning Analytics Subject Matter Project Management 10 5 Polling Question 3 • Who leads IG in your firm? 1. 2. 3. 4. 5. 6. CIO Security leader Records leader Member of management Nobody Other 11 2. The IG Framework Requires Buy-In I Understand the Benefits of IG “The key to successful leadership is influence, not authority” – Kenneth Blanchard • You may not have the authority to mandate IG in your firm, but you can influence leaders to adopt it • You can influence other influencers I Influence You to Understand Them You Influence Management Management Supports IG We Can Build the IG Framework Also see the article: ”How to Influence When You Don’t Have Authority” Forbes, 1/3/2011. http://www.forbes.com/2011/01/03/influence‐persuasion‐cooperation‐leadership‐managing‐ccl.html 12 6 IG Helps the Firm Achieve Its Goals • What keeps your boss up at night? • • • • • • • • Client demands for increased information security Competitive advantage Lateral integration Lawyer productivity Lowering operational costs (increasing partner profits) Managing staffing levels Compliance with ethical and regulatory requirements Protection of firm intellectual property 13 Polling Question 4 • Does your management support IG? 1. Yes 2. No 3. I don’t know 14 7 3. The IG Framework Requires a Team • Structure Governance • Formal or informal Engaged leadership or advisory? • Components • Governance • Operations • Considerations • Maturity of programs • Stakeholders Operations Active builder or leader and builder? 15 The Team Needs the Right Subject Matter Skills • Have the right experts on board: • • • • • RIM Information security Technology Compliance (Legal) Other business leaders • HR (staffing changes) • Finance (funding) • Marketing (branding and awareness) 16 8 The Foley IG Structure • Reports to the COO and General Counsel • Led by Director, IG (DIG) • Oversight by Director Prof Resp. & Compliance Dept. and CIO • Governance = IG Advisory Board • Operations = RIM + Security COO GC Dir., PRCD CIO DIG RIM Security 17 Members of Foley IG Advisory Board • Executive sponsors • GC and COO • Leader • Director of IG • Members • • • • Director PRCD and CIO CAO, CHRO, CFO, CMO Deputy GC Privacy partner 18 9 Polling Question 5 • What kind of IG team do you have at your firm? 1. 2. 3. 4. Formal Informal We don’t have an IG team I don’t know 19 4. The IG Framework Requires a Plan Definition of IG • A plan is • A benchmark • A roadmap • Planning requires • Strategic and tactical skills • Think “big” and “long” • Think “specific” and “now” Vision, Mission, Values Strategies Initiatives Roadmap Charter 20 10 Planning Includes Defining IG • What does IG mean to your firm? • Here is how we’ve defined it at Foley Compliance • Based on the Foley “pinwheel” Training & Awareness Information Security Information Mgmt 21 Planning Also Includes: Vision, Mission, And Values Vision • All strategies, initiatives, policies, and procedures must support these statements The Desired Future Mission How We’ll Get There Values The Heart of the Program 22 11 At Foley Vision Foley IG promotes a culture in which all personnel: • Value information as a critical asset of the firm and its clients. • Understand the risks, responsibilities, and legal requirements related to law firm client and business information. • Manage information in ways that protect our clients, our colleagues, and the firm. Mission Protecting critical client and firm information assets Values • Stewardship • Compliance • Access • Security 23 Strategies v. Tactics Strategies Tactics Broad, long‐term goals to advance IG Specific initiative in support of a strategy Example Electronic records management Example Enterprise imaging Example Information security Example Mobile device management solution 24 12 Foley Strategies Security Information Management Compliance Awareness Data Loss Protection E-Records Audit Public Awareness Mobile Device Management Storage Management Legal Awareness Technical Training Access Management Industry Awareness Third Party Access Continuous Improvement Vulnerability Monitoring 25 Example of a Strategy and Supporting Initiatives Strategy = Storage Management Managing access and cost by designating official repositories for recordkeeping, controlling the proliferation of information, and by disposing of information in all media in accordance with firm policy. Initiatives • Define and operationalize the ongoing destruction of legacy records (i.e., records in storage 10 years or longer) • Develop workflow solution for operational retention and disposition for in accordance with firm policies • Identify official recordkeeping repositories • Evaluate content on shared drives and determine governance standards • Evaluate potential of internal collaboration tool (i.e., SharePoint) to be used by legal teams upon request • Evaluate and confirm back‐up strategies 26 13 The Roadmap Supports the Strategies and the Initiatives • Priorities • Which strategies are most important • Which initiatives in the top strategies are most important • Timelines • Project phasing and timing • Funding • Budgeting • Resources • Skills and personnel needed 27 The IGO Charter • Sets forth management’s commitment for IG • Defines the scope of the IGO • Establishes the structure of the IGO • Defines roles and responsibilities 28 14 Polling Question 6 • Has your firm developed a strategic plan for IG? 1. Yes 2. No 3. I don’t know 29 5. The IG Framework Requires Policies and Principles • Policies • Align with IG scope, vision, mission, and values • Document desired behaviors • Provide benchmark for the development of IG systems and programs • Principles • Guidelines that derive from the policies • Make it easy for users to understand IG goals and objectives 30 15 Foley IG Policies Governing Policies Policy on Information Governance Policy on Confidentiality • RIM Policies • Management of Records • Retention Policies & Schedules • Mobility Policies • Document Holds and Destruction Obligation • Security Policies • Acceptable Use • Information Security • Access, Use & Disclosure of PII and PHI • Third Party Access Policies • Responding to Third Party Information Security Requests 31 Foley “10 Guiding Principles” 1. 2. 3. 4. 5. Manage confidential, sensitive or Personal Information as required by law, agreement or Firm Policy Understand third party access requirements Respond promptly to IG Compliance notices File email records regularly Maintain the Firm’s Official Records in electronic form, unless hard copy is required Store Official Records in an official repository 7. Organize Official Records by correct client/matter number 8. Retain and destroy records as permitted by Firm Policy 9. Avoid making multiple copies of records 10. Don’t handle file transfers (in or out) on your own 6. 32 16 Polling Question 7 • Does your firm have a policy framework for IG? 1. Yes 2. No 3. I don’t know 33 6. The IG Framework Requires a Change Management Strategy • Understand your firm • Adopt a brand • Communicate early and often • Use plain English • Use a variety of techniques 34 17 Driving Change - Understand Your Firm • Is it a “top down” organization? • Can you mandate change? • Or, is it a “grass roots” organization? • Do you have to slowly “grow” change? 35 Branding • Communications are recognizable and consistent 36 18 Communication Techniques • Presentations and announcements • Making complex ideas simple • Focus on one IG concept at a time • News articles and awareness • Exercises • Foley: Information security exercise • Hands-on training on systems and tools 37 Polling Question 8 • Have you begun to talk about IG within your firm? 1. Yes 2. No 3. I don’t know 38 19 7. The IG Framework Requires a Strategy for Continuous Improvement • Scanning and awareness • Measure results • Add and improve 39 Scanning and Industry Awareness • What’s happening in your firm? • Expansion • Added practice areas • What’s happening in the industry? • New requirements for lawyers? • What’s happening in society • New norms (i.e., social networking)? • New laws 40 20 Measure • Audit for compliance • Gather data, indicators, ROI to demonstrate the impact of IG • Examples • • • • • • Lowered storage cost Quicker access Better security Quicker response to client security questionnaires Coordinated response to a potential breach More efficient lateral integration processes 41 Improve • Enhance current IG processes and services • Add IG programs and initiatives • Evaluate team and other resources • New jobs or IG responsibilities? 42 21 The IG Framework is Just the Beginning • Now the really hard work begins • Making good on your strategies and tactics • Designing, building, implementing according to your roadmap • Driving cultural change • Becoming an IG aware law firm 43 Please Complete Your Session Evaluation ILTA: Developing an IG Framework for the Law Firm Beth Chiaiese, CRM, MLIS; [email protected] Education Code: MO07-4243 44 22
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