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, 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.
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.


All the same it is galling to co-opt Lance Armstrong’s words, of all people’s, but here goes, with a JC twist:
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.
 
So, to co-opt Lance Armstrong’s words, but 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'''.''}}


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''.  
If you want to go drop some weight and go faster, there are two ways to do it: drop twenty grand on after-market kevlar fork upgrades, graphene spokes and go-faster stripes — or just ''lay off the pies''.  
 
What has this to do with legal [[design]]?


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?
Well, your legal process is, like the JC, an opinionated windbag who complains a lot, does no-one any good and can’t run for toffee. That is why you are trying to fix it. (If it already moves like Usain Bolt, why are you 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.  
In that case, throwing fancy tech at it would be like the [[JC]] dropping thirty grand on a Pinarello ''Dogma'' and some Day-Glo spandex.


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''.  
Time for another home made [[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''. Get in shape first. ''Then'' figure out if you need a new bike.  


===Dieting sucks but getting new kit is fun===
===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.
And here our old friend the [[agency paradox]] rears its head, and the selfish motivations it imbues in those in the sedimentary layer above your head. All the incentives will be skewed in favour of fancy new kit.
 
To these people innovating, for the sake of it, is where it is at. [[CEO|Hank]], the [[CEO]], has told all his directs they ''have'' to innovate. There’s a five-year plan —  it may even be 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 [[General counsel|Chip]], the [[GC]], is screaming at whoever is in {{Sex|his}} line of sight to ''do'' something — ''anything'' — to, like ''digitise'', and while, as usual, there’s no money to do anything, by a stroke of otherworldly provenance, there ''is'' a ring-fenced, bottomless fund for projects that can be badged as [[innovation]].
 
Before you can say “[[blockchain]]” Chip will be all over it. To hell with the business case; ''make it happen''. Good luck pointing out that it would be better to fix your processes first.
 
And even if you do make that case, and it carries the day, putting processes on a cabbage-and-water diet is ''hard''. The thing about broken processes is that they are broken in unfathomable, illogical, unpredictable, hard-to-fix ways. They have become progressively ''more'' broken over the aeons, as barnacles have clustered, rust has not slept, and critical knowledge has been lost to posterity.
 
A team in Ops in Southampton will be mindlessly following some routine they inherited from legal in 1995, even though it became obsolete in 2004, and no-one thought to stop them. Your precedents, such as they are, 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 terrified of removing.  


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''.
Getting to grips with that job will require someone with unlimited expertise, patience, time, energy and fascination learning anachronistic minutiae for the simple pleasure of then erasing them.


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.
We [[legal eagle]]<nowiki/>s are odd, but not many of us are ''that'' odd. No wonder no-one can be bothered. But we ''need'' to be bothered. Order in a skip and hire a chainsaw for the weekend. This is going to be fun.
===If you can automate it, it can’t be important===
===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''.  
A great misconception about digitisation — even successful digitisation — is that it will delivers enduring value that will accrue in perpetuity to the bottom line. But it does not. It ''cannot''. 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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All other things being equal, the optimum amount of technology to have in a given situation is ''none''. Tech necessarily adds complication, cost and confusion. Therefore your first question is: how will technology improve the situation. Ask not just in terms of reduced ''cost'' but reduced ''waste''.
All other things being equal, the optimum amount of technology to have in a given situation is ''none''. Tech necessarily adds complication, cost and confusion. Therefore your first question is: how will technology improve the situation. Ask not just in terms of reduced ''cost'' but reduced ''waste''.
{{Sa}}
{{Sa}}
*[[Why is reg tech so disappointing?]]
*[[Why is reg tech so disappointing?]]

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