It’s not about the bike: Difference between revisions

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Look, exercise is important, but it is something one should do alone, anonymously, under cover of darkness if possible, and in disguise if not.  
Look, exercise is important, but it is something one should do alone, anonymously, under cover of darkness if possible, and in disguise if not.  


So when the question arises ''how should one improve athletic performance'' the [[JC]] is, well — the sixth-last person in the world you should ask. But he has a fondness for metaphors<ref>And pies.</ref> and he spies a good’un here. For the same principles that would apply to elite performance apply to process optimisation of any kind. Now it is somewhat galling to be co-opt the words of Lance Armstrong of all people, but here goes:
So when the question arises ''how should one improve athletic performance'' the [[JC]] is, well — the sixth-last person in the world you should ask. But he has a fondness for metaphors<ref>And pies.</ref> and he spies a good’un here. For the same principles that would apply to elite performance, were he to care a fig for it, assuredly apply to any other kind of process optimisation, and he cares quite a few figs about that.  
 
All the same it is galling to co-opt Lance Armstrong’s words, of all people’s, but here goes, with a JC twist:


{{Quote|''It’s not about the bike. It’s about the '''pies'''.''}}
{{Quote|''It’s not about the bike. It’s about the '''pies'''.''}}


There are two ways to lose three hundred grams from your loaded frame weight: upgrade to kevlar forks and graphene spokes, at a cost of twenty grand, or ''lay off the pies''.  
If you want to go drop some weight and go faster, there are two ways to do it: drop twenty grand on upgrading to kevlar forks, graphene spokes and go-faster stripes — or you could ''lay off the pies''.
 
Now what has this got to do with legal [[design]]? Well, if your legal process is anything like the JC, it will be an opinionated windbag who complains a lot, does no-one any good and can’t run for toffee. Am I right? If it is already Usain Bolt, what exactly are you doing fiddling with it?
 
Right; if so then throwing voguish tech at it would be like the [[JC]] splashing out on day-glo spandex and a fifty grand bike instead of a pair of sneakers.
 
Time for another down-home JC-branded [[Latin]] [[maxim]], readers: ''[[primum comede minus]]'': “[[First, cut out the pies]].”  You will lose ten kilos and ''save'' money — on pies, right? — ''and your current gear will work a lot better''.  


So what has this got to do with legal [[design]]? Well, throwing voguish tech at your existing process is like upgrading to kevlar forks instead of getting on the treadmill. Time for another down-home JC-branded [[Latin]] [[maxim]], readers: ''[[primum comede minus]]'': “[[First, cut out the pies]].” 
===Dieting sucks but getting new kit is fun===
Let’s not forget our old friend the [[agency paradox]], and the selfish motivations it imbues in those who occupy the sedimentary layer above your head.


You will lose ten kilos and ''save'' money — on pies, right? — and your current bike will work better. You won’t have to pedal so hard. You might conclude that kevlar forks are a bit of a waste of money. Anything you automate is, necessarily, low value: because you ''make it'' low value ''by automating it''.  
Innovating is where it is at. And the CEO has told all his directs they ''have'' to innovate. This is your [[GC]] we’re talking about. For {{sex|him}}, ''Tippex{{tm}}'' still counts as a kind of outré, remember. And there’s probably a five-year plan — and it’s probably even officially ''called'' a “five-year plan” — to convert a third of the workforce into gig-working [[School-leaver from Bucharest|Bratislavan school-leavers]] by 2026. So management is screaming to ''do'' something — ''anything'' — but there’s no money to do anything except, by a stroke of otherworldly provenance, there ''is'' a ring-fenced, bottomless fund for projects that can be badged as braggable [[innovation]]. Before you can say “[[blockchain]]” the [[GC]] will be all over it. To hell with the business case, ''make it happen''.
 
Secondly, putting legal contracts on a cabbage-and-water diet is ''hard''. Your precedents, if you have any, will be all over the shop and shot through with contradictions, outrages and gnomic textual formulations that no-one understands, no-one can recall the provenance of, but everyone is fearful of removing. Gutting processes, stripping out indemnities, doing without [[NAV trigger]]s takes a courage others will regard as cavalier, and a preparedness to tell other control functions they are swinging the lead. That is a fight that most people in a hierarchy know better than to enlist for.
===If you can automate it, it can’t be important===
Anything you automate is, necessarily, low value: because you ''make it'' low value ''by automating it''.  


Automating might give you a short-term productivity bump, but you’ll rapidly bank it and, anyway, if ''you'' can automate a process, so can anyone else. And then there are the downstream costs. Not just the [[Rent-seeking|rent extracted]] by the software vendor, the internal bureaucratic overhead in maintaining, auditing, approving and renewing the software, training legal users, updating the content — the knock-on pain of solving a problem which wasn’t, actually, that you needed Kevlar forks, but that ''you needed to go on a diet and get in shape''.  
Automating might give you a short-term productivity bump, but you’ll rapidly bank it and, anyway, if ''you'' can automate a process, so can anyone else. And then there are the downstream costs. Not just the [[Rent-seeking|rent extracted]] by the software vendor, the internal bureaucratic overhead in maintaining, auditing, approving and renewing the software, training legal users, updating the content — the knock-on pain of solving a problem which wasn’t, actually, that you needed Kevlar forks, but that ''you needed to go on a diet and get in shape''.  
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*[[Seven wastes of negotiation]]
*[[Seven wastes of negotiation]]
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