CONTACTS 
0201 - Thelen, Marrin, Johnson & Bridges                                                                                                                              O-00000043 0201
020101 - Mr. David Buoncristiani, Esq.

SUBJECTS
Buoncristiani, Dave, TMJB
Defensive Driving, Executives Need to be
Cultural Resistance to New Methods
Willfully Blind, Fear and Denial

0906 -
0906 -    ..
0907 - Summary/Objective
0908 -
090801 - Follow up ref SDS 14 0000, ref SDS 11 0000.
090802 -
090803 - Received and reviewed paper from David.  Submitted to Bill for
090804 - inclusion in Event binder.  Advised David of need for additional bio
090805 - data.  Received letter from David on his reservations for Asilomar,
090806 - and AV requirements.
090807 -
090808 -     [On 960620 developed draft paper for Dave to show correlation
090809 -     between law and Com Metrics. ref SDS 19 0001
090810 -
090811 -
090813 -  ..
0909 -
0910 -
0911 - Discussion
0912 -
091201 - Reviewed David's paper per our discussion yesterday about being
091202 - on the same wavelength, ref SDS 14 8845, and briefly discussed
091203 - following points:
091205 -        ..
091206 -    •  The title "The Relationship Between Communication and Technology
091207 -       From the Lawyers' Perspective," ref DRT 2 0001, is different
091208 -       from our understandings at ref SDS 14 8855.  There is no mention
091209 -       of the PMBOK description of leadership, discussed at ref SDS 5
091210 -       2231, and at meeting with Turner, ref SDS 8 2905.
091212 -        ..
091213 -    •  David does not cite "metrics" nor "adjusting course" as
091214 -       "adjudication," ref SDS 8 4250, nor "concurrent discovery" nor
091215 -       the NWO paper, nor the Asilomar thesis which was discussed at
091216 -       the meeting between Turner and David on 960529. ref SDS 8 1111
091218 -        ..
091219 -       The paper recommends business writing should be....
091220 -
091221 -           Be clear and concise. The less you write, the less chance
091222 -           for misunderstanding or misinterpretation. The clearer you
091223 -           are, the more likely the message will be understood and
091224 -           acted upon. Don't offer an opinion if it isn't essential.
091225 -           Stick to the facts. ref DRT 2 9934,
091226 -
091227 -       ...with the aim of avoiding expansive interpretation, but does
091228 -       not explain writing is a means for the writer to discover, build
091229 -       and craft "understanding" for the writer, which is essential to
091230 -       make sound decisions.  There is no explanation of the legal
091231 -       briefing process, discussed at the 960307 meeting, ref SDS 5
091232 -       9663.
091234 -                ..
091235 -               [On 960620 applied Dave's explanation of clear, concise
091236 -               communication in a new paper on Dialog, Documents and
091237 -               Human Memory that explains requirements for clear,
091238 -               concise, complete communication. ref SDS 19 1643
091240 -        ..
091241 -       There are no apparent "intellectual bridges" in David's paper,
091242 -       from legal work practices to using technology for applying those
091243 -       practices more widely, ref SDS 8 7737, by moving from a paradigm
091244 -       of "documents" to an "integrated knowledge stream," ref SDS 8
091245 -       8522.
091247 -        ..
091248 -       Dave's call to avoid being overly conscientious under the
091249 -       "defensive driving" metaphor, ref DRT 2 9577, might be seen as
091250 -       the common sense feeling by executives that "documentation" is
091251 -       "overkill" ref SDS 4 5932 and ref SDS 7 3004, and thereon
091252 -       conflicts with the goals to expedite and to avoid a "paper
091253 -       trail" that lawyers can otherwise exploit, leading to the
091254 -       slippery slope of "Feel Good Management," ref OF 1 8477, and at
091255 -       ref SDS 2 1331.  What then is the role for technology to support
091256 -       leadership, that emerges from the paper?
091258 -        ..
091259 -       On 960307 Dave cited need to avoid ignoring the record because
091260 -       it leads good people down a slippery slopy of covering up.
091261 -       ref SDS 5 5933
091263 -        ..
091264 -       It is as if there is a cultural will (blindness) to avoid seeing
091265 -       inter-disciplinary connections.  Cultural resistance is analysed
091266 -       from the history of the PC industry, at ref SDS 16 1368.
091267 -
091268 -          [On 980307 Andy Grove's book "Only the Paranoid Survive"
091269 -          cites executives and managers who just don't "get" it. see
091270 -          ref SDS 21 2648
091272 -           ..
091273 -          [On 990419 discussed clear, concise, complete communication.
091274 -          and being overwhelmed by intelligence. ref SDS 22 2601
091276 -        ..
091277 -    •  The document does not relate the fragility of human memory and
091278 -       truth is a moving target, with the legal discovery process using
091279 -       traceability to original sources to align communications and
091280 -       maintain shared meaning over time, called "citations" in the
091281 -       law, discussed last Thursday, ref SDS 11 0056.
091283 -        ..
091284 -    •  Paper does not cite importance of being prepared and how lawyers
091285 -       use an "aide" for research, as a model for a new work role using
091286 -       technology to accomplish the same purpose for general
091287 -       management, discussed at the meeting with Turner at ref SDS 8
091288 -       9578.
091290 -        ..
091291 -    •  The paper offers conventional construction claim management
091292 -       seminar material, which is not the purpose of this conference,
091293 -       ref SDS 8 1289,
091295 -     ..
091296 -    David seemed to indicate that he plans to make these points in his
091297 -    presentation.  He expressed concern about not wanting his paper to
091298 -    disclose his main points in advance of his presentation.
091300 -     ..
091301 -    I did not explain in our discussion this morning that his paper
091302 -    could be analogous to a brief submitted in a trial or appeal.  It
091303 -    needs to contain all of the points and authorities that David feels
091304 -    support his position, so that the verbal presentation need merely
091305 -    emphasize his main points.  That way the judge (audience at
091306 -    Asilomar) can read the paper to prepare for the hearing, and has
091307 -    something that tells them afterward how to view what was said. This
091308 -    point was made yesterday at ref SDS 14 line 71, so I did not repeat
091309 -    it today.
091311 -     ..
091312 -    Maybe David is planning on submitting a more detailed paper on
091313 -    these issues at the Conference.  Or, possibly, the time required
091314 -    for the paper I have in mind that addresses the ideas in the NWO
091315 -    paper, per the letter to PMI Communications, ref SDS 8 line 124,
091316 -    cannot be justified relative to his other work and the fact this is
091317 -    a volunteer effort. I need to draft something for him along these
091318 -    lines and submit as an example of another handout he can make at
091319 -    Asilomar.  Then the concern is whether he will get mad because of
091320 -    criticism or intrusion into his scope.  What to do???
091321 -
091322 -       Did IBM make these considerations when it awarded a $100B
091323 -       operating system to Microsoft in 1980? ref SDS 16 3333.
091325 -     ..
091326 -    One goal of "Communication Metrics" was accomplished.  David's
091327 -    paper shows the disjunction between what was intended in asking him
091328 -    to speak and his perspective at this time.
091329 -
091330 -      [On 940614 began draft paper for Dave to consider on explaining
091331 -      how legal practices can strengthen daily business through
091332 -      Communication Metrics. ref SDS 17 0001
091334 -       ..
091335 -      [On 960620 developed draft paper for Dave to show correlation
091336 -      between law and Com Metrics. ref SDS 19 0001
091337 -
091338 -
091339 -
091340 -
0914 -

SUBJECTS
Visual Aids, Overhead Projector
Biography

1104 -
110501 -  ..
110502 - Introductory Biography
110503 -
110504 - Advised that Bill would like a biography that cites 2 or 3 major cases
110505 - David has litigated, as a measure of his credentials and to introduce
110506 - him at Asilomar, ref SDS 15 line 98.
110507 -
110508 - David will produce an alternate bio to that received at ref SDS 6
110509 - line 64, ref DRP 2 line 149.
110510 -
110511 -     This can be used to introduce him.
110513 -      ..
110514 -     [Received alternate bio at ref SDS 18 line 88.]
110516 -  ..
1106 -
1107 -
1108 - 1145 received letter from Dave
1109 -
110901 - Received in the mail ref DRT 1 line 25 from David, saying that he is
110902 - going to use Turner's A/V equipment, because Turner's is better than
110903 - TMJ&B's equipment.
110905 -  ..
110906 - I don' know how David discovered this unless he talked to Steve after
110907 - the 960529 meeting.  At that time Steve said Turner has a new "high
110908 - intensity" projector, but did not specify its rating, ref SDS 8 line
110909 - 715.  I only learned about the rating from David when we met at his
110910 - office on 960606, ref SDS 11 line 238.
110912 -  ..
110913 - Has David had a subsequent discussion with Steve?
110915 -  ..
110916 - This may reflect Bill's understandings in our discussion this morning,
110917 - ref SDS 15 line 115.
110919 -  ..
1110 -
1111 -
1112 - 1227 called back re AV Equipment
1113 -
111301 - Asked Claire about the name of the company from whom TMJ&B rented the
111302 - 1000 lumens projector for David's presentation, that he cited at our
111303 - meeting the other day, ref SDS 11 line 237.
111305 -  ..
111306 - She will check with David's assistant who made the arrangements.
111307 -
111308 -
111309 -
111310 -
1114 -