THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700


S U M M A R Y


DIARY: December 3, 1999 10:33 AM Friday; Rod Welch

Called Dave Buoncristiani about TRP support.

1...Summary/Objective
2...Applications for Communiation Metrics
....A...Case Development...
....B...Trial Preparation and Support...
....C...General Management...
....D...Concurrent Discovery...
....E...Common Administration...
3...Internet Application Can Help TRP Lead in Better, Cheaper Service
4...Law Provides an Effective Venue for Improving Management
5...Dave asked where Communication Metrics has been used in addition


..............
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CONTACTS 
0201 - Thelen, Reid & Priest LLP            415 371 1200
020101 - Mr. David Buoncristiani, Esq.

SUBJECTS
Thelin, Reid
Inquiries
Commercial Partners for Phase II Funding
Bonding Companies
Legal Firms
Legal Metrics, Concurrent Discovery

1008 -    ..
1009 - Summary/Objective
1010 -
101001 - Follow up ref SDS 39 0000, ref SDS 37 0000.
101002 -
101003 - Discussed using Com Metrics for legal support.  Dave feels his current
101004 - practice and TRP systems work well.  Experience would show how to
101005 - compliment current methods with Communication Metrics.  We reviewed
101006 - where Com Metrics has been used in addition to U.S. Army Corps of
101007 - Engineers. ref SDS 0 8947
101008 -
101009 - Dave will keep these ideas in mind for application at TRP.
101010 -
101011 - Submitted ref DIT 1 0001 linked to this record and to the record on
101012 - 960529, explaining the microscope of discovery. ref SDS 10 4250
101013 -
101014 -    [On 991210 TRP's Internet access had problems. ref SDS 44 0001]
101015 -
101016 -    [On 991213 resubmitted letter. ref SDS 45 0001]
101017 -
101018 -    [On 991228 TRP still having difficulty accessing Internet on Dave's
101019 -    computer; he will get letter from Clair. ref SDS 46 0001]
101020 -
101021 -
101022 -
101023 -
1011 -
1012 -
1013 - Discussion
1014 -
101401 -  ..
101402 - Applications for Communiation Metrics
101403 -
101404 - Reviewed ideas to support TRP with Communication Metrics per my
101405 - letter, ref DIP 2 0001, submitted on 998027. ref SDS 22 0001
101406 -
101407 - Background on these ideas is also shown on 990827. ref SDS 22 9783
101408 -
101409 -    A.  Case Development...
101410 -
101411 -        Case development entails service during contract claims period
101412 -        to develop a record that enables the client to avoid
101413 -        litigation, and increase the chances of successful litigation,
101414 -        if necessary, described as "Command and Control of the Record"
101415 -        in POIMS. ref OF 1 1113
101416 -
101417 -        Proactive risk management enhances TRP services reviewed on
101418 -        991120. ref SDS 43 0001  It makes management effective by
101419 -        reducing the biggest risk in enterprise, i.e., "meaning drift"
101420 -        in daily communication, developed on 991101. ref SDS 40 1879
101421 -
101422 -        Case development for litigation reviews the record, supports
101423 -        client meetings, interviews witnesses, develops experts,
101424 -        assembles evidence, legal research, develop theories of
101425 -        recovery and defense, deposition preparation, briefing,
101426 -        preparing counsel for hearings and meetings.
101427 -
101428 -    B.  Trial Preparation and Support...
101429 -
101430 -        Trial preparation entails CPM plan of action prior to trial,
101431 -        organizing the record, developing plan to present evidence,
101432 -        preparing witnesses and exhibits, managing the record online
101433 -        during trial to facilitate information retrieval in realtime,
101434 -        legal research and briefing.
101435 -
101436 -    C.  General Management...
101437 -
101438 -        Legal firms, like all organizations, have many meetings, calls
101439 -        and activities which can be supported by "intelligence" to
101440 -        organize, align, analyse, obtain feedback and develop summary
101441 -        linked to details, as explained in POIMS. ref OF 1 0582  This
101442 -        enhances literacy in the workstream, which is otherwise
101443 -        supressed by cultural forces reviewed on 991108. ref SDS 41
101444 -        7380
101445 -
101446 -    D.  Concurrent Discovery...
101447 -
101448 -        TRP can offer Concurrent Discovery, ref OF 3 1058, as a service
101449 -        to clients, devleoped on 960620 for Dave's presentation to PMI
101450 -        at Asilomar. ref SDS 11 1101  This would ensure an adequate
101451 -        schedule and organic subject structure is in place that enables
101452 -        contracting parties to align work with requirements day-to-day,
101453 -        based on traceability to orginal sources, called out by
101454 -        management standards, reviewed on 950721. ref SDS 9 1740
101455 -
101456 -    E.  Common Administration...
101457 -
101458 -        TRP could offer Common Administration to project owners,
101459 -        engineers and contractors, developed on 990328. ref SDS 14 9641
101460 -        Dave commented favorably on this service idea in our telecon on
101461 -        990419. ref SDS 15 9420
101462 -
101463 -
101464 -  ..
101465 - Internet Application Can Help TRP Lead in Better, Cheaper Service
101466 -
101467 - Publication of findings of fact in the Microsoft litigation, show use
101468 - of the Internet is growing to reduce the cost of communication in
101469 - legal practice, reviewed on 991110. ref SDS 42 0001
101470 -
101471 - SDS records provide a unique environment for advancing this goal, and
101472 - position TRP to lead in offering clients better service at less cost.
101473 -
101474 - For example, the court found that Microsoft was worried at Comdex in
101475 - November 1994 about IBM acquiring Lotus Notes. ref SDS 42 1364  Bill
101476 - DeHart and I, also, met with IBM at that event.  IBM found that SDS
101477 - was a powerful integration of initiatives IBM was pursuing.
101478 - ref SDS 8 5380  IBM purchased Lotus Notes for $4B, yet today it is
101479 - little more than an email program, which is the weakest application of
101480 - technology for management. ref DIP 3 1045
101481 -
101482 -
101483 -
101484 -  ..
101485 - Law Provides an Effective Venue for Improving Management
101486 -
101487 - A legal environment to apply Communication Metrics is supported by
101488 - experience from Welch v. State of California, which is still a lead
101489 - case.  Lessons from that experience are embodied in the design of SDS
101490 - and work practices of Com Metrics.  Lawyers often advise clients on
101491 - how to avoid problems, and what to do when problems arise.
101492 -
101493 - Background on this idea is shown on 990827. ref SDS 22 9783
101494 -
101495 - I have been using this method to track daily events for over 15 years.
101496 - ..
101497 - Dave uses a notebook computer to take notes during meetings, and
101498 - advised that TRP has strong document management systems which provide
101499 - good data retrieval.  I noted that Morris Jones, now at Intel, uses a
101500 - notebook computer to take notes, and to read and answer email during
101501 - meetings, as reported on 980722. ref SDS 12 2937  On 990718 cursory
101502 - understanding was reported that required rework, ref SDS 20 5251,
101503 - cited by the U.S. Army Corps of Engineers as the cause of extra cost
101504 - and delay. ref DRP 2 4680
101505 -
101506 - One idea that might be considered is that Com Metrics is not simply
101507 - for notetaking and getting information.  It adds analysis by using
101508 - technology to creat the chronologies of cause and effect that comprise
101509 - useful history, as reported recently on 991108. ref SDS 41 3339
101510 -
101511 - We considered today the need to investigate how Communication Metrics
101512 - can compliment Dave's current practice, and TRP business systems.
101513 -
101514 - ..
101515 - Dave asked where Communication Metrics has been used in addition
101516 - to the Corps of Engineers, reported by the District on 970328,
101517 - ref DRP 1 6172, and later on 971007. ref DRP 2 0001
101518 -
101519 -
101520 -    1.  Broadwater Dam project for the State of Montana, sponsored by
101521 -        Tudor Engineers, beginning on 880815. ref SDS 1 7301
101522 -
101523 -        On 890324 Tudor terminated the effort. ref SDS 2 6399
101524 -
101525 -        Wayne Wetzel was the lead manager for the State on the project.
101526 -        He is now Deputy Director for the Department of Natural
101527 -        Resources and Conservation (DNRC).  On 911011 Wayne brought me
101528 -        back to work on project close-out and litigation support.
101529 -        ref SDS 3 9382
101530 -
101531 -        Based on observing the impact of SDS on managing the project,
101532 -        (contractors, engineers, agency staff, lawyers) Wayne adopted
101533 -        SDS and so can speak to why he did that and how it helps daily
101534 -        management at DNRC the past 8 years.
101535 -
101536 -        See example of planning meeting on 911023. ref SDS 4 0001
101537 -
101538 -        A "case study" was developed on 990316. ref SDS 13 4410
101539 -
101540 -        Wayne can be reached at...  406 444 6722
101541 -
101542 -        Jeff Ghilardi was Tudor's onsite Project Engineer for
101543 -        Broadwater.  He also adopted the SDS program for his personal
101544 -        work practice.
101545 -
101546 -        Jeff is now with Enron.  661 823 6813
101547 -
101548 -    2.  PG&E used Com Metrics in 1994 for a project with the California
101549 -        Department of Water Resources (CDWR).
101550 -
101551 -        Management reviewed results on 941010. ref SDS 7 0001
101552 -
101553 -        Bill DeHart took early retirement, which ended the effort, but
101554 -        several years later was hired back to manage fiber optics
101555 -        projects.  He has been unable to pursuade his new management
101556 -        team to use Com Metrics, see for example telecon on 990909.
101557 -        ref SDS 26 0001
101558 -
101559 -        Bill can discuss Com Metrics.  415 973 1014
101560 -
101561 -
101562 -
101563 -
101564 -
101565 -
101566 -
101567 -
101568 -
1016 -
Distribution. . . . See "CONTACTS"