Office Romances a Poor Idea

body-erotic-kissing-351119Office romances are a fraught affair. (And by office romances, I am referring to fully consensual relationships between adults, which is important to clarify in a #MeToo era)

In a recent 2019 Vault survey of over 700 participants, over 60 per cent of respondents admitted to dating a co-worker. In a Career Builder survey, only 36 per cent of respondents admitted dating a co-worker. The Career Builder survey appears to have a higher contingent of reticent respondents. The Vault survey also stated that over 70 per cent of employees over the age of 50 have had an office romance. This may simply reflect a longer period of opportunity, but I prefer to interpret this as a tremendous argument against ageism.

Office romances continue to happen mainly because of continuing exposure, having something in common, possessing additional information and knowing that that the HR department vetted this person. However, we have seen how HR notwithstanding, conducting extensive psychometric testing does not necessarily uncover everything. Even with social media, we are becoming more interconnected but disconnected all at the same time.

So, for example, a financial institution with 50,000 staff may have thousands of employees who are dating or have dated a co-worker. From an enterprise risk management perspective, this seems like a high probability that something could go wrong.

To mitigate this risk, according to the Vault survey, over 30 per cent of people dating a co-worker do carry on and marry. At the very least, if something goes wrong, it could no longer be suggested that the company did something wrong. In enterprise risk management parlance, we call that a transfer of risk.

The further difficulty appears to be that of the people having a relationship, over 60 per cent of those people kept it secret. This poses a further risk to the company in that they may not even be aware of a potential risk. This is one of those unknown unknowns.

According to a 2017 Society for Human Resource Management survey, 42 per cent of companies have regulations in place addressing workplace romances. Most companies seem to prefer not being involved in the delicate situation of policing such a policy in the first place. Covering one’s eyes to a situation and believing it disappears only works when you are a toddler.

The first response from a legal perspective may be to ban such situations totally. Although lawyers appear to be risk adverse, they still seem to enter, leave and re-enter relationships like most normal people. After all, working in the same office is how Barack and Michelle met. I may speak for a majority of the planet occupants when I say they are missed. I base this on the Twitterverse that 107 million people follow Obama while 61 million people follow Trump.

But from a corporate perspective, such a ban detracts away from the corporate culture. An appropriate enterprise risk management office romance policy (ERMOR which is as close to AMOUR that I could get) should reflect the corporate culture. A total ban could negatively impact a company’s efforts to attract individuals when they are prohibited from being attracted to each other.

An appropriate ERMOR policy should be properly worded so as bring out those that would be disinclined to disclose a relationship in the first place. A company should consider training for supervisors in how to deal with workplace romances and how any discipline policy might be used. Office relationships should be possible so long as there is no negative impact on the individuals or the workplace. Any negative impact would then be subject to the progressive discipline policy. And not the 50 shades type of discipline.

Such a policy would also prohibit any sort of fraternization between a manager and a direct report. This includes romances or dating. As lawyers, we love to define things.

Having a consensual relationship policy assists in clarifying the situation. Bringing light and transparency to any relationship helps ensure that there has been no inducement or other pressure brought to bare.  This may include some company expectations on discouraging public displays of affection. Most of us get this discouragement from our children anyway, so it’s not a far reach to include it in the company policy.

The same Vault surveys suggests that only 60 per cent of staff appear familiar with the Company office romance policy. This also suggests that HR could communicate the existence of such a policy and the need for staff to disclose a relationship. An appropriate EMOUR policy should not disinhibit disclosure any further by compelling staff to hide the relationship any further below the sheets so to speak.

For solo relationships, we can see how excessive self-love created an undue hardship situation for a corporation In the recent case of UNIFOR, Local 2215 v I.M.P. Group Limited, 2019 CanLII 42096 (NS LA),. Although TMI, lawyers must keep up with the case law lest AI take over the research department. This case would likely not make it through the AI’s virus protection or firewalls.

Vault also found that almost a fifth of workers had affairs. Once again, taking the probability of something going wrong multiplied by the impact of when something goes wrong, and ignoring any ethic or other moral questions, from simply an ERM perspective: Just. Don’t.body-erotic-kissing-351119.jpg

Ontario Court of Appeal Upholds Federal Climate Legislation.

air-air-pollution-climate-change-221012

“Read my lips: no new taxes”. The Ontario Court of appeal did not expressly channel G.W. Bush, but the Court did say that the charges under the federal government Greenhouse Gas Act are regulatory. The charges are not taxes. The court did find that the Act fell within the federal government’s jurisdiction.

Even Ontario agreed that climate change is real, is caused by human activities producing GHG emissions, is having serious effects, particularly in the north, and requires proactive measures to address it. Just not now it seems.

The Act intends to be revenue neutral, so critically analyze anyone (ie politicians) pointing towards increased gas prices as a result of the Act.

Channeling Mark Twain however, the time has come to stop talking about the changing weather and actually doing something about it.

#climatechange #carbon

Life, Liberty and the Pursuit of Everything

My new book is now available on Amazon Kindle.

People pursue three things during their time on earth: Life, Liberty and basically everything else.  This narrative nonfiction book provides a humorous view of society’s desire to pursue happiness and well-being. The book bursts with big ideas on happiness, ethics, thinking, nature, exercise, mindfulness and life. All of this and more can be found within its 81,000 words and no pictures. The footnotes are strictly for fun.

Life, Liberty and the Pursuit of Everything by [Goodwin, Gary]

 

 

GoogleLaw and creative destruction of the legal profession

beating-construction-crushing-37409 (1)Google and artificial intelligence may not be the end of the legal profession, but, boy, can you see it from here.

I anticipate encountering what Joseph Schumpeter euphemistically called creative destruction. Innovation destructs archaic business models and creatively releases capital to be deployed elsewhere — a benign description of being out on the street with your law degree.

Perhaps it’s too hyperbolic, but, for example, Google has made a database of federal and state case law and legal journal articles available via its Google Scholar search. In their defence, lawyers can now purchase on Amazon the “Please Do Not Confuse Your Google Search With My Law Degree” coffee mug.

For a simpler DIY approach, YouTube displays more than 146 videos on family law. This also includes shuffle playlist for greater variety.

For comparison, AI factors into more than 38 per cent of regular enterprise planning for mainly customer interfaces. As for law firms, it’s likely not so much. Most of law firm and in-house planning centres on how to augment regular legal work with new AI tools to make this more effective and efficient.

JPMorgan Chase & Co., apparently, eliminated 360,000 hours of legal work creating legal security documents by the use of COIN, for Contract Intelligence, to review commercial loan agreements. The bank plans to use AI to analyze credit default swaps . . . since things worked out so well last time.

Other forms of AI can review entire contracts, interpret sections and even recommend sections that are not there. These recommendations can depend on which side of a particular transaction you happen to be. Similar to customizing streaming music systems, one can imagine the type of customization that can occur as you adjust the lever from buyer focused over to seller focused. We await the ultimate customization that includes sliding the scale either to the far left or far right into the “jerk” setting.

I tried a contract review application one time with a simple release. No comments came back. I imagine legal associates would be ecstatic to receive something back from a senior lawyer without any comments. I was hoping for at least one “atta boy” type of meme.

Instead of augmenting legal practice, another perspective suggests a client-based focus where the system asks questions and directs the client to certain resources. For example, The DoNotPay website helped users successfully appeal hundreds of thousands of parking tickets by having the client answer a number of questions. The system then interprets the situation and prints out a draft letter to send to the authorities.

I tested DoNotPay over the weekend and can confidently assert that the experience replicated that of retaining some legal firms. The site took in my request, said it was sorry to hear that and told me if I could email more information it would get back to me in 24 hours. Nice immediate reply, but a solution may come a bit later. Notwithstanding the delay, the value proposition — benefits divided by total costs — cannot be beat. The system is free.

So, where do the law societies stand among all of this creative destruction? Their mandate includes the protection of the public. However, the other two mandates generally include advancing the cause of justice and the rule of law, which requires the public disclosure of legal codes and processes. Societies also facilitate access to justice. This suggests making it as easy as possible for the general public unable to afford a lawyer access to some form of legal information.

This type of access does not mean providing paper or online brochures but a more customized response. In other businesses, chatbots can ask an advancing series of questions and provide a more “intelligent” and applicable answer. This forms the entire basis behind a customer-focused type of interface.

A new client-driven model suggests perhaps an Uber approach. Uber does not own cabs and tries not to employ drivers. The courts have imposed some obligations here. Generally, Uber is a simple platform that connects customers and drivers. A similar approach could connect a client and a lawyer providing the most cost-effective service. Cost is not everything, but as the law becomes more commoditized, then perhaps being “the better lawyer” may not carry the day if everyone uses the same type of AI platform to research and provide a result. And, yes, everyone shall likely have their respective settings maximized over to jerk, so there will still be plenty to argue about.

From a policy analysis perspective, one appreciates the different approaches each law society brings to the table and the complicated socio-economic analysis that would be required to balance justice access and public protection. The 2014 CBA Legal Futures Initiative outlined a number of areas that the legal profession could take to remain relevant. Implementation of the recommendations may be slow in coming.

The various law societies currently have authority over who can practise law. One can easily imagine a public lobbying effort to storm the ramparts to allow some form of AI system that can ask questions and guide the individual to a possible area where help could be found. There is nothing like a bit of urgency to assist in the legal change management process.

 

 

Canadian Lawyer November 6, 2017

Technology wants to be friends!

blank-destination-geography-437646

Hit the road Jack and don’t you come back
No more, no more, no more, no more
Hit the road Jack and don’t you come back
No more

 

Ray Charles

 

Generally, technology provides certain expected benefits. Other benefits appear totally unexpected.  As an early adopter of technology, I tried using an automotive navigation system a couple of times. Driving in a large unknown city can be intimidating, so I like to have some gentle guidance on where to go. Anything more than this level of guidance causes my frontal cortex to freeze up. As you know, numerous people ended up in rivers, lakes and oceans simply following navigation system directions with no further frontal cortex involvement of their own.

 

For example the WAZE application allows you to avoid traffic tie-ups, but it expects you to think about what you are doing. Their terms of reference includes the following exclusion;

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.

 

I rented a car in Toronto along with a nurturing navigation unit without even a cursory review of the terms and conditions. I find the street layouts somewhat intimidating. Where I come from, whenever you have a street, with an overpass on top, iced with a further freeway on top of that, I believe myself in a futuristic metropolis.

 

The rental agency gently explained how the global positioning system (GPS: godforsaken poor sap) worked. I later sat in the car while the system accessed the satellites. I believed that they could have been talking, planning or eventually scheming about how they intended to take over the world, starting with me.

 

My propensity to allow an authority figure to tell me what to do becomes a factor here. I expressed a bit of free will and left the parking lot before the GPS managed to access its cabal of satellites. The cement parking lot seemed to block access. I will remember that for when the machine apocalypse finally comes.

 

The unit gave me a choice of a nurturing female voice or a big brother type of male voice. I went with the female voice thinking that I would need more understanding while driving in the big city. The GPS “Gennie” located its conspirator satellites and told me to continue driving forward. Any sort of takeover requires complicity in the subject, so I started to relax. Gennie’s female voice softly directed me to drive downtown and gave me fair warning of upcoming exits, merging highways and veering lefts or rights. She comforted me and appeared to be on my side.

I followed her directions to the letter and found myself between a series of pylons and within an area exclusively for trains. She continue to console me by saying how close I was to my destination. I eventually found an exit to this apparent train trap.   The machines showed their cleverness. But just not clever enough.

 

Time heals all wounds apparently. Rather, stupid never learns. I rented another Gennie when I flew to the west coast. The Victoria airport is at the tip of a peninsula and you have to travel south for 20 miles before you can eventually travel north up the island. I thought with no rail lines around and no stacked concrete freeways, I would be relatively safe.

 

I wanted to find a slightly shorter route that would hug the coastline and allow me to shoot up north faster. The Victoria rental agency parks its cars outside and the new Gennie found its conspirator satellites easily. Too easily.

 

I followed the traditional highways down the peninsula, and as I hoped, Gennie got me off the highway quickly. We turned, I say ‘we’ since I thought Gennie and I were off on an adventure of sorts. A safe adventure. More of a Walt Disney type of adventure with guardrails, standard safety features and no lines.

 

The new route turned out to be far quainter than the traditional highway route. The maximum road speeds became lower than highway speeds. However, one must slow down to appreciate the beauty of the area.

 

We made another turn down another street. Even quainter, more suburban and slower. However, one must slow down to a crawl in order to read the various historical site signs. Life goes too quickly not to absorb the local flavor.

 

We made another turn down a gravel road. This area now epitomized quaintness, and at complete stop now, I could even get out and smell the roses without fear of drive-by rose thorn scratches.

 

The very short line of stopped cars ahead of me had people inside that appeared to be waiting. Looking ahead, I could now see that the road actually ended up into the ocean. Another car stopped behind me. They cut off my escape route. I admonished myself for being so gullible for falling into another GPS trap. Although this one seemed to be a fairly low speed trap. A quick mind should be able to figure out an escape.

 

Perhaps Gennie thought I would be driven by peer pressure to drive my vehicle into the water to drown. I scope out alternate escape routes.

 

The best place to start seemed to be the corner store beside me where they sold coffee. And ferry tickets. I realize that Gennie wanted me to take the ferry and not to drive my car into the water. Although this has been known to happen.

 

I bought a coffee and a ferry ticket while making nonchalant conversation as to the timing of the next ferry. I then squeezed in a further question as to what the weather might be like where we were going with the hope I would find out where we were going. One of the more helpful quaint inhabitants gestured to a far point on the other side of the channel and suggested that whatever I saw across the way would likely be what the weather would be like. His mouth smiled, but I could sense that his eyes suggested ‘dumb-ass’. I went back to the car.

 

The ferry ride turned out to be very pleasant, uneventful and short. This gave me a good chance to get out of the car, watch the sea and feel the wind. Having seen the sights, read the historical markers and smelled the roses, I appreciated the new experience. Technology provided these unexpected benefits.

 

I took the ferry less travelled.

 

 

Gary Goodwin

garywgoodwin@gmail.com

204 232 3916

Triskelion Tattoo

IMG_4408This was a piece from a couple of years ago that was published in the Globe.

 

I finally reached that age when it was time to get a tattoo. There is a fine balance between the years you can appreciate your tattoo and the years that you finally regret it. Turning 60, my years of tattoo appreciation seemed likely to exceed the years of tattoo regret. Only 10% of my age bracket, the baby boomers have a tattoo. Moving from the middle of the pig in the python, I was on the verge of being an outlier.

My spouse got her own tattoo as a 50th birthday present. A nice Celtic knot on the side of calf. I have admired her determination to show who she was and an insight into her heritage. The only thing that people could tell about my heritage was that I came from nice hair.

Getting a tattoo would reveal my inner rebel. Getting a tattoo, and a motorbike, would go hand-in-hand. My spouse did point out the error of that logic, and a tattoo was a stand-alone rebel stance and would not require a motorbike. My rebel was appropriately schooled.

What tattoo could do this, without the motorbike? Latin phrases such as carpe diem have been done to death. The best approach would be a symbol. I was looking for something that spoke to me and represented what being human was all about. No easy task since people search all their lives for personal meaning, and I was looking for something like that that could fit on my slightly increasing, soon to be decreasing body size.

In the time that it would have taken to gestate five consecutive baby elephants, I finally set upon a design. A triskelion. A three part symbol that even predates the Celts. The interesting aspect is that you can apply any meaning you want to a trinity. Past present future, mind body spirit, grande decaf latte. The last is a bit of stretch, but the symbol is multipurpose. I wanted to include my wife’s initials in between the spokes of the triskelion. My spouse smiled. My adult children mildly rolled their eyes. PDAs, parental displays of affection, are to be avoided.

The placement of a tattoo also makes a statement. Men prefer arms while woman prefer upper back and legs. Each placement makes a different statement. A facial location would make the statement that I was not happy with my present employment. A deltoid shoulder placement was more in keeping. Not too shy, not obvious at work, and would integrate well with the yoga crowd when I wore my lululemon tank top.

This was the way to show my free spirit. I copied out varioustattoo sizes and taped them to various body locations. Apparently my free spirit likes to be guided like a slow moving trolley on tracks.

After contacting my local tattoo parlor, and checking out needle safety, I had my consultation. I veered away somewhat from the artists that would otherwise have been comfortable providing prison tattoos, while in prison. I settled for a more artistic looking artist.

The fateful day arrived and I was feeling flushed and decided to walk to the tattoo parlor instead of driving. I loaded up on ibuprofen. Upon arriving, I signed the necessary forms. There was no legal jargon to pour through. A good sign. I sat down in the dental looking chair, not a good sign, and my artist explained the process. He applied the stencil and I checked the mirror. This was the one last chance to bail, but I smiled and said ‘hey, it’s exactly what I was thinking of’. This may have been true at some point, but my mind was blank. I leaned back and closed my eyes. I can just about fall asleep when getting my teeth cleaned. I decided that I should try to stay awake and become more ‘fully engaged’ in the moment. But I was more concerned about my tattoo artist. If he nodded off and didn’t move from a certain spot after a minute, I wondered if I would be left with a large black splotch. And if so, what would this very unhappy looking death balloon symbolize?

The entire process took less than 90 minutes. I had been warned that getting a tattoo was like getting scratched by a cat. My previous scratching experience was rescuing a friend’s cat from a tree. The cat was terrified, but I coaxed it to leap into my arms. Yes, mistake, scratch wise. Fortunately getting the tattoo was way less painful.

When my artist was finished I paid the balance of my account. I gave him a nice tip. Even though the experience is almost the same, countless small punctures, I don’t usually tip my lawyer or my accountant.

Afterwards, I did feel different. After thinking about the meaning of the design, I understood how people can feel that their totem, crystals and the like are channeling another power. We all like to be attached to something greater. The triskelion reminds me to work on all aspects of myself continuously, a permanent conscious guide.

I like how they worked my spouse’s Celtic initials into the design which shows how our past, present and futures are intertwined.  I have committed to things that are important and to leave aside things that are not. There is no time like the present. Why wait?

IMG_4408