Two Step's Private Company Equity Management Blog

I recently read an article in Mass High Tech magazine called, "From Know-How to Know-Who." It posed the question of whether knowledge management (KM) is really about the knowledge that resides in a document or file - or if it's more about the knowledge had by the people within an organization who are familiar with a specific matter or transaction.

The article then goes on to consider why so many organizations have not yet implemented knowledge management systems. It cites the opinion of Tom Shoemaker, a Vice President at Parametric Technology Corp., who contends that the main reason a company doesn't have a KM system in place is because it talked itself out of one. Shoemaker says, "I would suggest that sometimes companies have sized themselves out of the market. They may have said, 'We are a small business and the amount of files we are creating doesn't really lend itself to needing some sort of management system.'" But, he insists, "There is no reason not to have knowledge management in place, no matter your size."

The Mass High Tech piece also quotes Brian Hill, a senior analyst with Forrester Research, Inc., who agrees that size shouldn't matter when it comes to knowledge management: "Most organizations should have a system in place, not only to mitigate legal risk ... but most importantly, to capture real business benefit." Hill says that if more information can be made available at a moment's notice to an employee, the better the chance that a truly informed decision can be made, or even a serendipitous connection discovered.

A similar point is made by one of our Corporate Focus customers, Christopher Howard, head of the business practice group at Pierce Atwood, LLP, when he talks about the "art of practicing good corporate hygiene." He says, "I call it 'corporate hygiene' because it's like brushing your teeth or having an annual physical. The reason you keep corporate records to begin with is that every entity is going to need to access them at some point. At the end of the day, if you accept the responsibility of keeping client records, then why wouldn't you keep them in the best, most efficient manner possible? It's a function of good corporate hygiene and it's a function of risk management."

Howard explains that the compelling benefits are not just for the firm, but extend to the firm's clients as well: "It's worked out really well for a number of our clients who have direct, self-service access to the information on a read-only basis. The return to them is it increases their internal productivity and gives them a sense of confidence that they have record-keeping under control. For our clients, ultimately, their costs are lower and the efficiency with which they can close transactions is higher. A) They get it done, which is most important. B) They get it done less expensively. That's real value."

In the end, I've drawn my own conclusion: it doesn't really matter whether knowledge is based on documents and information or the people who understand the documents and information. The key is making this knowledge readily available to those who need it, when they need it. Regardless of its size, a business and its clients can draw significant benefits from a centralized, online knowledge management system - not the least of which are greater productivity, better decision-making, and improved risk management.

Imagine having a single source for fast, accurate answers to your entity management, ownership administration, and corporate compliance questions, 24/7. Then take a look at Corporate Focus to learn more about this and other benefits an entity life-cycle knowledge management system could bring to your organization.

Earlier this year, one of our law firm customers, Andrews Kurth, LLP, came up with the novel idea of adding a fixed-fee "Start-Up Organization Package" to its legal service offerings. According to Alan Bickerstaff, a partner in the firm's technology and emerging companies group, the package provides a comprehensive set of legal services designed for "young entrepreneurs who want to start a new company, typically technology-related." The complete set of services is described at www.andrewskurth.com/startup.

At Two Step, we were pleased to see that some of the services listed in the start-up package relate directly to Corporate Focus - such as tracking entity records, ownership administration, preparation of capitalization tables, and online minute books. In fact, one section of the description notes:

Capitalization Matters

• Entry of all initial capitalization data and corporate records into capitalization tracking software and corporate records database.
• Software provides the capability on an ongoing basis to:
• Track all stock and option issuances and cancellations
• Maintain copies of corporate records and minute books
• Produce a wide variety of capitalization reports
• Provide start-ups access to their capitalization and corporate records via the Internet

The list even mentions direct client access to online corporate records, which seems to be offered by an increasing number of firms today.

Fixed-Fee Package for Start-Ups Offers Capitalization Tracking

If a law firm is to provide such an expansive set of legal services for a fixed fee, they must possess a high degree of confidence in their ability to work efficiently. The key to this confidence is having a centralized, secure platform for managing entity and ownership records, online minute books, and capitalization tables. Such a system ensures not only that all information is accurate and up-to-date, but also that no time is wasted searching for it.

While Andrews Kurth has certainly broken new ground, many other firms are testing the waters in a similar fashion and exploring ways in which they can serve their corporate clients better.

So, is this the dawn of a new trend for law firms serving the emerging company and technology start-up marketplace? It certainly makes sense; after all, this is one of the most important and profitable client segments for any firm, since start-up clients lead to financing, merger and acquisition, and public offering work down the road. As a partner at one of our law firm customers recently said, the broader you cast your net in the start-up sea, the more likely you are to find exciting clients who need high-value transactional work.

Scott Glickson from McGuireWoods, LLP (another client of ours) puts it best: "Corporate Focus streamlines activities so that we create a more favorable impression with the client, which leads to more business, more referrals, and more value all around ... We all have access to the same information, and we can access it at the same time."

As law firms increase their use of productivity tools such as Corporate Focus they are better positioned to offer cost-effective legal services to start-ups that are cash-strapped and trying to prepare for their first round of venture financing. If firms serve them well in the early years, these budding companies are destined to become satisfied clients who will one day require more sophisticated and profitable legal services.

Watch an online demonstration of Corporate Focus if you'd like to learn more about how to make your firm more productive.

I'm often asked this question by lawyers interested in using Corporate Focus to improve equity management and corporate compliance tracking for their clients: When is the right time to start? Are we too early? Are we too late? Are we right on time?

To help answer these questions, I'd like to tell you about three very different law firms I met with just this past week.

The Small Firm: The first one is a sole practitioner who just left the largest law firm in the world a few months ago; he had used Corporate Focus for his client tracking for several years. This lawyer only has 5-10 clients to put in the system, but these clients represent the vast majority of his revenues. He wants to give them outstanding value for every dollar billed. And he knows that direct access to their data will impress them--and make them feel like they're still getting the same top-notch service they enjoyed at the mega-firm where he previously worked.

The Big Firm: The second is the largest law firm in one Northeastern state where they have over 1,000 corporate minute books they've been tracking for their clients for years. This firm would love to be more efficient when they do their client work--and they'd like to provide clients with direct access to their information. However, with so many minute books (and about 5-10 people that would be forced to change the way they track their clients' data), the project seems a bit overwhelming. They're not quite sure how to get started. They had looked at getting Corporate Focus a few years ago, but decided to postpone it until a "better time" rolled around. At the same time, this prestigious firm wouldn't like their clients to know that their paralegal goes through a mad scramble to calculate ownership information and even to locate minute book documents.

The Medium Firm: The third firm has about 50 attorneys, is the leading business law firm in an exciting region of the West coast, and tracks about 200 client minute books. One of the paralegals present at my meeting was working on a closing recently and the paralegal on the other side of the table asked her colleague how she printed the 45 stock certificates. After hearing the groan from the first paralegal, the other recommended Corporate Focus and said she can print 45 stock certificates in less than 15 minutes without any errors. The first paralegal brightened instantly and she got approval to get started with Corporate Focus in the next few weeks.

Should You Standardize Now?

Imagine if you were an attorney at any one of these law firms. Do you think you should get Corporate Focus now--or later? What if you were a paralegal working for one of these firms? Or a client?

I frequently talk with lawyers who clearly see the value of Corporate Focus for their work and their clients, but they're just not sure if it's the "right time" to get it up and running. There's no question that moving to a consolidated online system for equity management and corporate compliance tracking will change the way you currently work. But change is often a good thing. Efficiency is critical when you are providing high-value services at high billing rates--and you don't want to waste any time on low-value work.

Take a look at the real-life examples above. Maybe they will help you decide if it makes sense for your firm to use a streamlined, centralized online system to better manage your clients' critical information.

If you're still not sure, ask yourself the question:

What would our clients and staff want us to do?

Over the past 15 years, we've helped hundreds of law firms make the move to a more efficient, accurate and collaborative way of working. We'd love to help yours get there, too.

How Corporate Focus Can Make Your Life Easier: Check out this list of 10 key problems that are quickly solved by Corporate Focus:

http://www.twostep.com/CFsolveproblems

Let me ask you a question: Do you brush your teeth every day? Or just the week before a dental check up? 

Imagine if the only time your teeth were brushed was twice a year at the dentist. It wouldn't be a very pleasant visit (not that they ever are, actually). Well, that's the situation too many law firm clients find themselves in when they’re ready for a corporate event or transaction. Right before a financing or annual meeting, everyone rushes around in a mad dash looking for documents and updating capitalization tables. Why? Because the records haven’t been updated or organized since the last mad dash. 

But if you're a corporate client at Pierce Atwood, LLP in Portland, Maine, the frenzied scene described above is a long-ago memory. I recently sat down with Chris Howard, the head of the firm’s business practice group. He explained to me that with the firm’s centralized client information management system (CIMS), Corporate Focus, the corporate records for all of their business clients are organized, minute book documents scanned, and capitalization tables up-to-date. 

As the largest New England law firm North of Boston, Pierce Atwood has over 1,000 corporate clients who can depend on having their information and documents just one click away when they call. In fact, Chris told me that some of their clients have direct online access to their own information in Corporate Focus on a read-only basis, which eliminates the need for these clients to even contact the firm. This saves the clients legal fees, offers them more flexibility in searching, and of course saves boatloads of time because they can get to their data around the clock. 

As Chris bluntly put it, clients don't usually choose a firm because they practice outstanding “corporate hygiene.” But when an important transaction is pending, these clients notice and appreciate the level of service and risk management that Pierce Atwood provides—whether they need it or not. It's just how the firm does business. And it's the right way to do business.

Chris also noted that it's not really a matter of what technology you have at a law firm, because many firms have implemented state-of-the-art systems and applications in recent years. What’s important is how you use this technology for your clients' benefit. Depending on which client you talk to, those benefits might involve faster turnaround times, lower legal costs, or 24/7 access to legal records. But any way you slice it, when clients see this kind of productivity in action, it doesn’t escape their attention.

In fact, Pierce Atwood’s efforts to help clients help themselves—through a firm-wide CIMS—have enhanced its reputation in the legal marketplace. As Chris explained to me, trust, reputation, and client service are what make a law firm successful—and it’s these qualities that lead to satisfied clients telling other companies about their positive experience. Corporate Focus also makes practicing law easier for Pierce Atwood attorneys, because they can spend more time and energy on legal advice and negotiation and less on administrative requirements. 

Do many law firms use Corporate Focus or have access to systems like Corporate Focus? Of course. Does it take unusual rigor and tenacity to implement a firm-wide client information management system as Pierce Atwood has done? Absolutely. Do their clients appreciate the benefit when they're ready for their next transaction? You bet. Just ask any of them.  

Then ask your corporate practice group: Do you practice corporate hygiene for your clients on a regular basis—or just the week before a major transaction? Ask them which their clients would prefer. Then ask their Board or investors.