THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700
S U M M A R Y
DIARY: November 30, 1991 08:00 AM Saturday;
Met with Stan on practice to destroy rather than create good records.
2...Writing to Analyse, Discover, Understand, Plan and Notify
3...New Ballgame SDS Amazing System
4...Legislation for Protection of Confidentiality of Personal Notes
.....Sacraficing Good to Perfection Losing Formula
.....Good Management Uses Accountability Constructively
5...Concept: Analysis is Better than Ignorance
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Diary record to increase understanding
Legal Restraints, can't save the record
Discovery Strategies for Construction
Accountability is Burdensome Metric for
Discovery What We Need to Know Before It is Too Late
Accountability Fear Innovation Loop Knowledge Avoids Mistakes
Anger Notice Communication Accountability Frustrates Feel Good Manage
Lazy Want Accuracy without Effort to Submit Feedback Refine Understan
Civilization Links Advance Legal Practice Hard Work Align Authorities
Intelligence Business Law Only Application, Nobody Likes Second Guess
Justice Stanley Mosk Favorably Reviewed SDS for Legal Practice and Ju
5513 - ..
5514 - Summary/Objective
551501 - Follow up ref SDS 8 0000.
551503 - I explained the purpose of the discussion as arising from a new
551504 - capability offered by SDS to think, plan, remember and communicate,
551505 - which ordinarily would be expected to be well received. However, fear
551506 - of accountability causes business and government executives to destroy
551507 - their intellectual capital rather than use organizational memory to
551508 - improve management, productivity and earnings, as reflected in the
551509 - remarks on 911120, ref SDS 6 5588, on 911121, ref SDS 7 5920, and on
551510 - 911123. ref SDS 8 8934
551512 - [On 911212 Stan sent article on discovery. ref SDS 13 8309]
551514 - ..
551515 - [On 911212 discussed discovery matter with Dave Bounchristiani.
551516 - ref SDS 13 8492]
551518 - ..
551519 - [On 940720 received comments from Stan on New World Order paper.
551520 - ref SDS 16 0000]
551522 - ..
551523 - [On 960620 developed idea of "concurrent discovery" to solve
551524 - problem of legal discovery. ref SDS 20 1101]
551527 - ..
551528 - Writing to Analyse, Discover, Understand, Plan and Notify
551530 - Stan liked the SDS diary idea of analysing events rather than rely on
551531 - personal recall. He cited the court's use of transcripts and exhibits
551532 - that support judgements based on cause and effect, i.e., causation.
551533 - He feels it helps that the diary is done on a computer, rather than
551534 - handwritten, so that the record is legible and quickly accessible to
551535 - make continuing connections as events unfold over time, and to
551536 - assemble chronologies on particular issues that grow understanding of
551537 - cause and effect over many years, as jurists do in formulating case
551538 - law that guides community life. Stan noted that writing up a legal
551539 - brief sharpens understanding by disclosing gaps that need extra
551540 - attention, research and revising so that all of the facts align with
551541 - the transcript and support the legal ruling. Stan was startled by how
551542 - easily SDS records assemble headlines into a summary connected back to
551543 - the supporting points and authorities. Traditional practice adds
551544 - discipline to analysis by forcing attornies and judges to clearly and
551545 - succinctly present complex facts and reasoning that make review and
551546 - judgement faster, easier and comprehensive. Stan indicated that SDS
551547 - methods for making traditional work faster and easier to organize and
551548 - assemble the record for research and analysis should increase the
551549 - benefits to everyone of careful, consistent reasoning that has worked
551550 - well for judicial practice over thousands of years.
551552 - [On 921205 management expert, Stephen Covey, recommends writing
551553 - up a diary to sharpen understanding. ref SDS 14 2229
551555 - ..
551556 - [On 940720 received comments from Stan on New World Order paper.
551557 - ref SDS 16 0000]
551559 - ..
551560 - Stan feels verbatim transcripts of daily interaction in meetings,
551561 - calls and routine office discussion is not effective for daily work,
551562 - because much that transpires occurs through gesture, half sentences,
551563 - and inference from dynamically evolving context with people coming and
551564 - going, interrupting, and collateral events taking place. This is much
551565 - different from a court room where testimony is managed by a judge
551566 - according to published procedure, and is controlled by expert counsel
551567 - so that a transcript is clear and relevant using carefully planned
551568 - questions on selected issues. Trying to make sense of verbatim
551569 - transcripts of daily discussions, and correct all of the mistakes from
551570 - lack of context, reasoning and analysis, would enormously burden the
551571 - court in formal proceedings, and tie all of us up doing nothing but
551572 - deciphering, correcting and clarifying meaning in transcripts.
551574 - ..
551575 - Some formal meetings benefit from a transcript, such as regulatory and
551576 - legislative hearings that use consistent procedure for questioning
551577 - witnesses so that meaning is clear by controlling context.
551579 - ..
551580 - Stan cited Washington, Jefferson, Madison, Monroe and people down
551581 - through the ages have made diaries and journals of various forms a
551582 - standard business practice.
551584 - [On 040316 research explains diary process, ref SDS 31
551585 - 0001, shows support for diarists cited by Justice Mosk.
551586 - ref SDS 31 3972
551588 - ..
551589 - Stan mentioned a ship's log prepared by the captain sounds like part
551590 - of how SDS is used to aid memory of important details. The log is
551591 - admissible as evidence, along with testimony and other records showing
551592 - understandings of what happened that led to legal proceedings. The
551593 - log often reveals things everyone has forgotten, and so helps fill out
551594 - the story. In any case, the log is only part of the evidence for
551595 - discovering the truth about actual events and causation. The court
551596 - triangulates to refine the range of truth by reviewing all relevant
551597 - evidence, verbal and written based on weight and credibility.
551599 - [On 011102 captain's ship log among common applications of
551600 - diary and journal practices. ref SDS 29 8N5N
551602 - ..
551603 - We looked at the SDS program on the computer and discussed the main
551604 - idea to aid the "intelligence" process of plan, perform report, set
551605 - out in POIMS, ref OF 1 6649, so that daily work is informed by
551606 - experience that continually grows from doing things day-to-day. Stan
551607 - commented that SDS extends the Court's practice of managing the case
551608 - record using line numbers and time as primary organizing methods. He
551609 - appreciated that organizing a dynamic, evolving record in real time is
551610 - a more complex task than the court faces in handling a fixed record
551611 - created long after events at issue have occurred, and under rules of
551612 - discovery and hearing procedure by experts who are paid a lot of money
551613 - to ensure an adequate record is prepared for the court to review. He
551614 - liked the phrases "deliberative analysis" and "thinking through
551615 - writing," discussed in the record on 890809. ref SDS 3 MT7O Stan said
551616 - that is what judges do, or should try to do, in crafting a decision
551617 - that fits the evidence and the law consistently, and can be readily
551618 - shown by citations to the record.
551620 - [On 960620 Knowledge Space explains SDS SDS organizing method.
551621 - ref SDS 20 3516
551623 - ..
551624 - Stan noted that SDS goes beyond traditional use of a diary, by
551625 - combining scheduling, reporting, managing documents, people, and
551626 - everything else that explains who, what, when, where, why and how
551627 - things happen, what is planned to be done next and why. He feels the
551628 - ability to link original sources that show alignment is a valuable
551629 - extension of the court's use of citations to transcripts that verify
551630 - accuracy of causation, and to authority in precedents, laws and
551631 - regulations for consistant jurisprudence essential for order and
551632 - planning in community life, and in commerce.
551634 - [On 940720 received comments from Stan on New World Order paper.
551635 - ref SDS 16 0000]
551637 - ..
551638 - [On 950721 business standards call for traceability to original
551639 - soruces. ref SDS 18 1740
551641 - ..
551642 - [On 951026 organizations unable to perform management standards
551643 - for traceability to original soruces. ref SDS 19 3384
551645 - ..
551646 - [On 011010 many people object to alignment. ref SDS 28 KS6G
551648 - ..
551649 - We looked at a few recent examples that illustrate a flexible
551650 - environment for thinking through writing.....
551652 - Schedule meeting with Stan............ 911123, ref SDS 8 0001
551653 - Review SDS with Morris................ 911123, ref SDS 8 4930
551654 - Review mechanical report.............. 911125, ref SDS 9 0001
551655 - Director fires Engineer............... 911125, ref SDS 10 0001
551656 - Get quote for new car................. 911126, ref SDS 12 0001
551657 - Hire new Engineer..................... 911126, ref SDS 11 0001
551660 - ..
551661 - New Ballgame SDS Amazing System
551663 - Stan cited efficiency in the record on 911125 that uses an outline to
551664 - identify issues for planning to take action, which then becomes a
551665 - diary on carrying out the plans that has analysis for making new
551666 - plans. ref SDS 10 0001 This continual "intelligence" cycle builds a
551667 - rich body of chronologies organized according to issues that help
551668 - understand causation, and which in turn facilitates adjudication by
551669 - making it fast and easy to find and assemble evidence according to
551670 - issues.
551672 - ..
551673 - Justice Mosk feels SDS is an amazing system.
551675 - ..
551676 - He feels SDS is a new way of working using writing to figure out what
551677 - to do based on understanding what has already been done, and noted
551678 - this technology design supports legal practice presenting and deciding
551679 - difficult cases by the Court. Stan was pleased that SDS makes finding
551680 - details and assembling chronologies quickly and accurately for
551681 - discovering causation. This aligns with comments by Morris Jones at
551682 - Chips and Technologies a few days ago on 911123. ref SDS 8 0477 Stan
551683 - feels SDS would be useful in his office at the California Supreme
551684 - Court, and even at home when he is trying to remember how to repair
551685 - the lawn mower. He said "SDS looks a whole new ballgame," per above.
551686 - ref SDS 0 5006
551688 - [On 940720 received comments from Stan on New World Order paper.
551689 - ref SDS 16 0000]
551691 - ..
551692 - Discussed briefly the SDS practice of notice reviewed with DNRC on
551693 - 880907. ref SDS 1 DT9G
551695 - ..
551696 - Stan liked the feedback aspect of SDS to help everybody stay on the
551697 - same page, as far as commitments, because taking action consumes time
551698 - and money. Sometimes lives are at risk. He feels giving timely
551699 - notice is always necessary to disclose understandings and intentions,
551700 - and to object when something seems incorrect, so there is a chance to
551701 - investigate and decide on the merits of an objection before going
551702 - ahead.
551704 - ..
551705 - Stan commented that the richness of SDS records helps people grasp
551706 - complexities; links and chronologies nail down causation. Breaking
551707 - information into time segments and into context according to material
551708 - issues would be a "judges dream."
551710 - [On 930112 assembled notes from Prodigy discussion about "writing"
551711 - ref SDS 15 3265]
551713 - ..
551714 - [On 940720 received comments from Stan on New World Order paper.
551715 - ref SDS 16 0000]
551717 - ..
551718 - [On 950721 ISO management criteria calls for traceability to
551719 - original sources. ref SDS 18 1740]
551721 - ..
551722 - [On 970526 industry using "root cause" analysis. ref SDS 22 2168]
551724 - ..
551725 - [On 960620 developed idea of "knowledge space" to apply court
551726 - process of uniquely identifying information in the record. ref SDS
551727 - 20 3516]
551729 - ..
551730 - [On 980307 Andy Grove, Chairman and CEO of Intel, supports the
551731 - value of writing to verify verbal communications. ref SDS 24 3668]
551733 - ..
551734 - [On 000427 used SDS for jury duty. ref SDS 26 0001
551736 - ..
551737 - [On 010103 Judge Douglas commented favorably on using SDS for
551738 - legal analysis in jury duty. ref SDS 27 0001
551740 - ..
551741 - Stan was troubled by the prospect that people are destroying records
551742 - due to fear of accountability, per our telecon on 911123, ref SDS 8
551743 - 0001, rather than using the record creation process to figure out what
551744 - needs to be done, and evaluate options to implement the best solution,
551745 - as the Court does in issuing decisions. He feels carefully crafted
551746 - opinions offer the best chance to both comply with requirements, and
551747 - to demonstrate compliance with legal standards for reasonable conduct.
551749 - [On 020504 study shows professional standards for communication
551750 - practices and requirements on good management specified in FAR,
551751 - ISO, Health Care, Covey, Drucker, law, contract notice provisions,
551752 - and 2,000 years of literacy for contemporaneous documentation for
551753 - alignment and feedback to work intelligently, quickly, and
551754 - accurately are ignored in government, business, health care, every
551755 - sector. ref SDS 30 NS6F
551757 - ..
551758 - Stan mentioned the practice of recording employment information to
551759 - prove non-discrimination.
551761 - ..
551762 - We discussed briefly how statistical data is distinguished from the
551763 - SDS process of capturing the much broader record of daily experience
551764 - that shows the tides of realization and assessments which flood the
551765 - mind to impact decisions moment to moment. This record is not being
551766 - created, because, without SDS, there is not enough time to externalize
551767 - the mental intelligence process that makes connections of cause and
551768 - effect. As a result, there is no opportunity for people to discover
551769 - if initial perceptions and understanding that seem to be aligned
551770 - during a discussion or presentation of a story by a colleague, boss,
551771 - salesman or other leader (e.g., the Pied Piper) are in fact aligned
551772 - with history, objectives, requirements and commitments, as the court
551773 - strives to do in rendering judgements on the record of a lawsuit.
551775 - ..
551776 - I noted the procedure Justice William Rhenquist describes to test
551777 - seemingly good ideas advanced in discussion during conferences at the
551778 - Supreme Court, by trying to incorporate verbal expressions into a
551779 - consistent body of writing, per work on 881004. ref SDS 2 2366
551781 - ..
551782 - Stan said that the Chief Justice has a new book out which may deal
551783 - with this point, and commended it to me for further research on this
551784 - matter.
551786 - ..
551787 - It seems curious that legal practices which nominally are, at least in
551788 - part, intended to encourage better performance, seem instead to cause
551789 - people to destroy their intellectual capital; which is to say, their
551790 - knowledge and ideas, as embodied in the SDS record.
551792 - [On 980127 applied idea of using technology to apply legal methods
551793 - as a proactive "intelligence" process for management, in the NWO
551794 - paper... ref SDS 23 4085]
551798 - ..
551799 - Legislation for Protection of Confidentiality of Personal Notes
551801 - Stan feels that legislation might be needed to provide confidentiality
551802 - of SDS records. Perhaps a distinction can be drawn between formal
551803 - recommendations presented as such, and merely offering ideas to
551804 - consider. The former would be recognized by transmission via a letter
551805 - identifying recommendations. Whereas the latter would not be
551806 - specifically identified as recommendations, but mere perusing.
551808 - [On 911212 received letter from Stan on legislation to limit
551809 - discovery. ref SDS 13 0001
551811 - ..
551812 - [On 900226 responded to a subpoena. ref SDS 5 0001
551814 - ..
551815 - [On 911212 discussed with Dave Bounchristiani. ref SDS 13 8492]
551817 - ..
551818 - [Discussed again with Dave on 961001, ref SDS 21 8900.]
551821 - ..
551822 - Sacraficing Good to Perfection Losing Formula
551824 - Actually, it is difficult to see what such a distinction really
551825 - gains. Are executives asking to be excused from rigorous
551826 - analysis? No, they are asking not to be held to perfection in
551827 - ferreting out every option and foreseeing all consequences during
551828 - the heat of battle. This however is not the definition of a "good
551829 - manager" that Morris cites, as making emotional decisions, then
551830 - seeking support in the record when something goes wrong, in order
551831 - to make it look "right," ref SDS 8 4930.
551833 - [On 041110 Stanford Medical Center people giving up, fear of
551834 - accountability prevents timely, accurate communication;
551835 - stifle, proactive management, taking initiative to enable
551836 - effective care. ref SDS 32 2J42
551839 - ..
551840 - Good Management Uses Accountability Constructively
551842 - It is most likely the case that some days a manager is genuinely
551843 - trying to figure out the best solution. On other days a manager
551844 - wants to implement, or simply implements without thinking about
551845 - it, an arbitrary decision under Morris' "feel good management"
551846 - theory, ref SDS 8 1331.
551848 - ..
551849 - Does this come down then to a simple desire not to be held
551850 - accountable?
551852 - ..
551853 - That position is not sustainable in a binary world, where people
551854 - routinely seek credit for success. There can be no accountability
551855 - of "credit" for success, without a balance of "blame" for error.
551856 - Maybe the correct perspective is that executives wish to be held
551857 - accountable by the market place. This provides opportunities to
551858 - correct errors in judgement rather than face huge loses in the
551859 - courts. The Welch approach is that since "communication" is the
551860 - predicate to community action, and since organizations are forms
551861 - of "community," using SDS for planning and analysis to test
551862 - understandings from communication greatly increases the chance of
551863 - discovering errors and overlooked opportunities that occur in the
551864 - nuance of daily management details from otherwise cursory analysis
551865 - inherent to sole reliance on conversation, as developed in
551866 - analysing the discussion with Morris on 911121. ref SDS 8 2971
551868 - [On 911212 discussed with Dave Bounchristiani, ref SDS 13
551869 - 8492.]
551871 - ..
551872 - [On 980405 fear of accountability prevents Communication
551873 - Metrics from improving management. ref SDS 25 5065]
551875 - ..
551876 - [On 041110 Stanford Medical Center people giving up, fear of
551877 - accountability prevents timely, accurate communication;
551878 - stifle, proactive management, taking initiative to enable
551879 - effective care. ref SDS 32 2J42
551882 - ..
551883 - After our discussion, I considered this further.
551886 - ..
551887 - Concept: Analysis is Better than Ignorance
551889 - There seem to be two advantages from creating the record and only one
551890 - against vis a vis "discovery," and this balance weighs toward making
551891 - an SDS record like this one. On the one hand there is a much greater
551892 - chance of getting the right decision and avoiding error, if the issues
551893 - are carefully analysed in writing, as Stan points out. In that case,
551894 - litigation is avoided. If litigation occurs anyway, which of course
551895 - can occur, a good record shows proper performance and therefore
551896 - provides protection. If an error does occur, then a record showing
551897 - that good faith efforts were made to avoid the error and then to
551898 - mitigate, should reduce exposure to excessive punitive damages.
551899 - Business people are afraid the legal system cannot deal with the
551900 - latter condition fairly. But that is still only 1 chance in 3 of
551901 - loosing whereas making the record gives 2 chances in 3 of winning.
551903 - ..
551904 - Does this idea really come together? How can it be improved?
551906 - ..
551907 - I think not. There remains a residual fear that in showing everything
551908 - that was done and considered, good lawyering will uncover things that
551909 - could have been done or considered that were not. In construction,
551910 - which relies on contracts, SDS may wind up working better than in
551911 - other settings because much of the entitlement that flows in either
551912 - direction depends upon notice by the parties. Thus, if notice is not
551913 - given, there may be less likelihood of being held accountable for
551914 - ethereal and arcane theories of recovery.
551916 - [A few years later I had a chance to consider these matters
551917 - again when called as a juror in a personal injury case, see
551918 - record at ref SDS 17 7744.]
551920 - ..
551921 - [On 041110 Stanford Medical Center people giving up, fear of
551922 - accountability prevents timely, accurate communication; stifle,
551923 - proactive management, taking initiative to enable effective
551924 - care. ref SDS 32 2J42