legal expertise vs. competence: knowledge sharing theories & practices

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Knowledge Sharing Theories & Practices Viktor Dörfler Legal Expertise vs. Competence

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Page 1: Legal Expertise vs. Competence: Knowledge Sharing Theories & Practices

Knowledge Sharing Theories & PracticesViktor Dörfler

Legal Expertise vs. Competence

Page 2: Legal Expertise vs. Competence: Knowledge Sharing Theories & Practices

the knowledgeable incompetent

Janders Dean Viktor 2

Source: YouTube

Page 3: Legal Expertise vs. Competence: Knowledge Sharing Theories & Practices

Janders Dean Viktor 3

knowledge types

facts: experiencing the pole-vaulter’s jump (and measuring it)skills: social skills and crafts (and the rules of practice/behaviour)intuition: of the leader and of the creative problem solver (and the explanation – always with hindsight)

knowledge

skill

Practice(subsidiary)

Action(focal)

intuition

Explanation(subsidiary)

Hunch(focal)

facts

Measurement(subsidiary)

Event(focal)

Page 4: Legal Expertise vs. Competence: Knowledge Sharing Theories & Practices

Janders Dean Viktor 4

knowledge levels

1D3D but…

3D2D0D

novice expertadvanced master grandmastercontext-free second-hand

facts and rules

situational elements

organising by priorities

holisticsituation-induced

perspective

complete indwelling

Page 5: Legal Expertise vs. Competence: Knowledge Sharing Theories & Practices

Janders Dean Viktor 5

Nobel Laureates, top chefs, strategists

Page 6: Legal Expertise vs. Competence: Knowledge Sharing Theories & Practices

it is necessary to have a master to become oneboth following and abandoning the master’s way is wrong

but in this struggle the new master is forgedeven the genius needs itit is a highly asymmetric setup

several forms1. traditional master-disciple pairs2. wandering apprentice journeys3. mutual apprenticing4. hot spots: creative workshops

founded by one master

Janders Dean Viktor 6

masters & apprentices

Page 7: Legal Expertise vs. Competence: Knowledge Sharing Theories & Practices

there is no non-interfering coachingnot a kibitzer, not a chat companion,

not a private Jerry Springer Show

contextualises knowledgecreated by the alchemistendorsed by the guruas (s)he knows the broad contextactively participates in knowledge

sharing and provides assessment

helps realising your potentialeach coach brings out different things

Janders Dean Viktor 7

coaching for competence

“… the guy yelling, flailing, and running up and down at the side of the field trying to force the win from the team without ever hitting the ball.”

Page 8: Legal Expertise vs. Competence: Knowledge Sharing Theories & Practices

Janders Dean Viktor 8

sticky and leaky knowledge (sharing)

organisation

sensemaking

CoP

individuals

learning

Page 9: Legal Expertise vs. Competence: Knowledge Sharing Theories & Practices

up-to-yesterday second-hand facts are insufficientwe cannot know what knowledge we will need tomorrow

experience never failsit is what we do with our experience that often fails

Janders Dean Viktor 9

becoming competent

experiencingnon-verbalfocalknowledge

learning

darkness competence

verbalsubsidiaryknowledgecompetence = learned × experienced

Page 10: Legal Expertise vs. Competence: Knowledge Sharing Theories & Practices

actionable knowledgeheavily rooted in experiencerequires high level of expertiseintegrates various knowledge types

dynamic relationship betweenknowledgeknowercontext

competences

knowledge

knowercontext

It is not Noah Janders Dean Viktor 10

Page 12: Legal Expertise vs. Competence: Knowledge Sharing Theories & Practices