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Innovation paradox: Difference between revisions
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Many of the artefacts of the analogue era of negotiation — the gremlins and hair-balls you would expect technology to remove — persist to this day. We still have [[side letter]]s. We still have separate [[amendment agreement]]s. We still have solemny write [[this page is intentionally left blank]]. We still have [[this clause is reserved]], because no-one’s managed to figure out Word’s automatic numbering system. Not only has [[reg tech|regtech]] failed to remove expected complexities, ''it has created entirely new ones.'' | Many of the artefacts of the analogue era of negotiation — the gremlins and hair-balls you would expect technology to remove — persist to this day. We still have [[side letter]]s. We still have separate [[amendment agreement]]s. We still have solemny write [[this page is intentionally left blank]]. We still have [[this clause is reserved]], because no-one’s managed to figure out Word’s automatic numbering system. Not only has [[reg tech|regtech]] failed to remove expected complexities, ''it has created entirely new ones.'' | ||
Why is this? It is a function of the [[incentive|incentives]] at play. [[Lawyer]]s and [[negotiator]]s are remunerated by time taken. They are rewarded for the complexity and sophistication of their analysis. ''Lawyers don’t want to simplify.'' Lawyers don’t ''want'' to truncate. That isn’t in their nature. It is contrary to their nature. ''This is not what lawyers will use technology for.'' Lawyers will use technology to find new complexities. To eliminate further risks. To descend closer to the fractal shore of risk that they see it as their sacred quest to police. But that shore is fractal. However close you get to it, the risks remain. | [[File:Fractal.jpg|300px|thumb|right|A [[fractal]] yesterday. Can you see the lawyer descending towards it in his extra-vehicular lander?]] | ||
Why is this? It is a function of the [[incentive|incentives]] at play. [[Lawyer]]s and [[negotiator]]s are remunerated by time taken. They are rewarded for the complexity and sophistication of their analysis. ''Lawyers don’t want to simplify.'' Lawyers don’t ''want'' to truncate. That isn’t in their nature. It is contrary to their nature. ''This is not what lawyers will use technology for.'' Lawyers will use technology to find new complexities. To eliminate further risks. To descend closer to the fractal shore of risk that they see it as their sacred quest to police. But that shore is [[fractal]]. However close you get to it, the risks remain. | |||
We lawyers use technology to ''indulge'' ourselves. | We lawyers use technology to ''indulge'' ourselves. | ||