Organisational theory generally
Solving the future: a philosophical battle between:
- Reductionism: We can solve the future by policy/taxonomy/data/tech:
- Pragmatism: We cannot predict emerging risks — we need flexibility and expertise to make risk decisions out in the view we can manage every risk by policy.
- A mixed approach required: Make BAU as standardised, preengingeered cheap and no-nonsense as possible; leave the frontiers as clear and flexible as possible.
Approaches which get this wrong: anything which obliges humans to rekey, fill out forms, attest, certify as to BAU: this is should be automated
- Reg tech which tries to do the hard stuff and requires humans to do the clerical stuff: which forces humans to be form-filler-outers
- Policy as a problem: if you codify get machines to do it. If you need humans to do it, you need to keep the rules simple and clear.
The role of legal
- Not part of the operational stack
- The two modes of legal: farming and building a frontier
- Farming: Toyota production system
- Frontier: normal accidents
- The line betwixt: triage
Persuasion and effective communication
- Client communications
- Legal documents as tools of persuasion: the different functions of legal contracts at different parts of their life cycle
- Commitment signalling: understanding the psychology of negotiation
- Negotiation hacks: Getting *their* business onside, and reframing the debate between their business and their legal
- People power: The value of interpersonal relationships. Go see the client. Build rapport. Call them. Then put it in writing.
- The nature of catastrophic risk is that it is not what you are looking at
- Drafting hacks to make something more agreeable
The basis between risk management systems and legal docs
- The value of standardisation of operational controls
The smart contract concept and how it is a metaphor The division of labour: a process that requires manual checking is a bad process.
- Example: termsheet/contract/closing memo. If you're rekeying you're wasting effort. Structure your agreement so it is a closing memo.
- How to turn legalese into plain language
- As lazy/selfish by convenor
- As inefficient/wasteful
- As defusing of responsibility
- As being uneasy peace/timid consensus
- Legal documents and policies as doing the same
Tools and resources
- Problem solving toolkit
- Standard document prettifier
- Triage tools
- Putting something in the way of lawyers to ward off stupid questions from contractors and reinforce vertical command lines
- Process simplifiers
- Removing pointless tech
- Waste removal: identifying common gives and eliminating escalations