Design 4L
March 2021
University of Toronto
Overview/
Logic/
Method
10m
Icebreaker
Visual
Telephone
15m
Creative Problem Solving 5m
What IS Legal Innovation?
5m
The IX Challenge 10m
Observations
Introduction to
WHY & BECAUSE exercise
WHAT IS AN INSIGHT
How Might We
Ideation
Selection
Prototype
15m
Pitch
and
Catch
15m
Six Hats
10m
3:30
30
30
30
30
30
30
30
10
10
10
Break & Research 10m
Share
10m
Examples
Activity
-
Each group member selects one legal innovation entity.
-
Do some quick (5 min) web research about this innovation.
-
Sketch answers to three questions
The PAIN What need is it meeting? Who's pain is it?
The GAIN How much of a difference?
NOT the SAME How does it break the mold?
The INSIGHT What did the founders figure out about the world?
- Prepare a 2-3 minute briefing for your group mates
that brings them up to speed on this innovation by
answering these questions and suggesting what can
be borrowed or stolen.


Visual Telephone
Break the Ice, Make a Few Points
Design Challenge




Goals
- Collaboration, Design, and Problem Solving Tools
- Ideas for New Legal Career Paths
Methods
- The IX Problem
- Tools
- Rapid Exercises
- The "What if..." Zone
- Debrief
...we used teams in all law classes?
...clients ran team workshops on new matters?
...law firms hired on team + problem solving skills?
Agenda
Welcome & Background
Icebreaker
Our Problem
Empathy: pair interviews (role play); 5 whys/2 because; W5H; JTBD; extreme user; empathy map; persona; journey
Insights
Ideas
Prototype


Visual Telephone Links
Sheet Round |
A | B | C | D | E |
---|---|---|---|---|---|
1 Write | Ali | Bri | |||
2 Draw | Ali | ||||
3 Write | Ali | ||||
4 Draw | Ali | ||||
5 Write | Ali |
Intro and Teams

Meet Our Client
and their problem
Company
IX
Innovators
Challenge

$$$

$$$
Company
IX
Teams
Challenge

$$$
Challenge
$$$
Innovations

Negotiated IP Transfer
Innovation Brief
posted with
SUCCESS FEE
Company reviews proposals (anon)
60 day exclusivity
(can be extended)
Company + Team AGENT negotiate
Company responsible
for verifying team
rights to iP
Innovators form teams (per TEAM RULES)
Company selects proposal(s)
Solution Transfer Agreement (Success Fee or more; IX escrow)
OR NOT (Team has rights to use proposal)
Teams submit proposals to IX
Teams retain IP
IX provides verified ID and contact info for selected
IX approves agreement (TEAM RULES) and releases payments to team members

Automatic IP Transfer
Innovation Brief posted with SUCCESS FEE
and NOTICE OF AUTOMATIC IP TRANSFER
Company reviews proposals (anon)
Automatic IP Transfer
IX escrow of Success Fee Company responsible
for verifying team
rights to iP
Innovators form teams (per TEAM RULES)
Company selects proposal(s)
Teams submit proposals to IX
Teams retain IP
IX provides verified ID and contact info for selected
IX approves agreement (TEAM RULES) and releases payments to team members

Team Rules (User Agreement)
- Active registration (valid contact, compliance with system use agreement.
- Team designation = equal shares, designated leader
- No ownership claims in other proposals without team designation.
- Only leaders can add members.
- No team changes or dropped members.
- Team leader authorized as agent for all team members.
- Solution transfer agreement not binding unless approved by IX to provide equal shares.
- Team notification of solution transfer agreement prior to approval; opportunity to object.
IX's Problem
Two Contracts
- User (Innovator) Agreement : 10 pages -- online terms of service
- Sponsor (Company) Agreement: 10 pages + 1 exhibit -- fees
OBSERVATION: Company contract is too long, boring, and confusing to chief innovation officers (the customer).
INSIGHT: Company contract is killing deals and killing IX

“We’d love to get this thing down to 1 or 2 nice easy-to-read pages”
What might a team trying to solve this problem sound like?
D: Thanks for coming today, team. As you recall from the email, we're trying to help this Open Innovation startup called "Innovation Exchange" get their contractual process better aligned with their business model. Let's hear some ideas.
B: I wonder if this sort of thing could be implemented in one of those smart contracts?
C: How would that work?
A: It wouldn’t .
D: If their brand is about innovation, having an innovative legal structure behind it would make sense.
B: It's pretty exciting to think about getting this agreement down to 2 pages.
A: Since the first client is typically the Chief Innovation Officer - we need something that will help her quickly have a very clear idea of how the contract works.
B: That’s the problem. Management never gets the legal issues. Nothing will change that.
D: What if we go way outside the box and make the agreement an interactive app?
A: You gotta be kidding me. What are we, game designers or lawyers?
B: Well how about a video version for the CIO, something that's watchable and clear - like some of the really creative airline onboard safety videos.
A: I really hate those things.
C: There's no way legal cooperates with the CIO if she shows them a video.
A: I'm worried these ideas are TOO out of the box.
C: Yes, does Innovation Exchange want to be taken seriously?
D: They've got a jumble of legal AND business decisions to make, no wonder it grinds to a halt.
B: Uh, yeah, anyway, circling back…. IX would like our advice. What can we do with the contract they show potential clients - it's currently 11 pages and, as Benson noted the other day "it's a pretty dry read" and "the person we are selling to has to read it and then sell it to their colleagues" - How can we make the contract a positive feature of the business rather than an obstacle to moving forward?
A: Key to that is getting the CIO to really understand how this works. Here’s what Benson said in his email:"The CIO can't shepherd it faster through legal and other internal approvals until she figures out how it works. So it sinks like a great huge weight to the bottom of the project pile. We need it to stay on top, with all the excitement still intact that got us through the door with the prospect in the first place."
C: Look, I’ve done a million of these things. It’s 11 pages long because that’s how long it has to be.
A: Look, we just need to make it clearer.
D: Would it be too risky to put firm time limits on it?
C: That would never work.

D: Thanks for coming today, team. As you recall from the email, we're trying to help this Open Innovation startup called "Innovation Exchange" get their contractual process better aligned with their business model. Let's hear some ideas.
B: I wonder if this sort of thing could be implemented in one of those smart contracts?
C: How would that work?
A: Let’s worry about the details later.
D: If their brand is about innovation, having an innovative legal structure behind it would make sense.
B: It's pretty exciting to think about getting this agreement down to 2 pages.
A: Since the first client is typically the Chief Innovation Officer - we need something that will help her quickly have a very clear idea of how the contract works.
B: That's right. They've figured out that if it's opaque to the CIO and she just sends it over to legal it will sit there for months.
D: What if we go way outside the box and make the agreement an interactive app?
A: Or some sort of animated storyboard that makes it really clear what happens when, who does what, where the branching points are.
B: Or maybe a video version for the CIO, something that's watchable and clear - like some of the really creative airline onboard safety videos.
C: I love it, but we’ll need to check in with Benson to see if he’d go for something like.
B: Let’s also think about what we can do with the contract they show potential clients - it's currently 11 pages and, as Benson noted the other day "it's a pretty dry read" and "the person we are selling to has to read it and then sell it to their colleagues" - How might we make the contract a positive feature of the business rather than an obstacle to moving forward?
A: Key to that is getting the CIO to really understand how this works. Here’s what Benson said in his email:"The CIO can't shepherd it faster through legal until she figures out how it works. So it sinks like a great huge weight to the bottom of the project pile. We need it to stay on top, with all the excitement still intact that got us through the door with the prospect in the first place."
B: Basically, they are desperate to get the turnaround with clients streamlined.
A: This is great, a lot of good ideas on the board. Let’s identify weaknesses we might need to think through.
D: There’s a risk in all the out-of-the box ideas of IX not getting taken seriously by their clients.
C: We’re talking about IP here. IX has to make sure it’s giving clients confidence about that.
A: I have to admit to really hating those airline videos.
C: I think there's no way legal cooperates with the CIO if she shows them a video.
D: IX has a jumble of legal AND business decisions to make. We can’t just focus on the legal aspects.

What did you hear? How were these teams different?
Great Teams Practice Teaming
E Stehling. 2016, KCBalletMedia CCA2.0 Wikimedia commons
Marines in episode of One Tree Hill. Public Domain.
Kadena Shoguns W’s Dragon Boat team 2018, Kadena AB, Japan.




Why Don't We?

Empathy is a Verb
Creative Listening for Beginners
Empathy is a Verb
Not a character trait, but a doing. Attentive listening and watching. Motivated by the intense conviction that YOU are NOT the user.


A deliberate process of recording and sharing our "findings" and "learnings" helps us think together into and out of them.

Download Findings

What
are our findings trying to say?
Abstraction

Exercise 7:
5 WHYS & 3 BECAUSES
Extracting Insights
The Path to How Might We
the value of a really salient realization of something that's true.
OR
Extracting Insights
What is an INSIGHT?
-
the recognition of something that matters
-
when what matters is different from what we have been looking at or thinking about, the lived experience is "aha!"
-
a discovered secret
-
an insight is your data saying "look here!"
-
an insight is a heretofore unrecognized point of intervention
-
new way to see the world that lets us re-envision the status quo
-
an insight is a reframing that reveals what's really going on here
Classic Insights
Success at tasks makes teams gel, not the other way round.
Classic Insights
cool
trumps
function

Classic Insights
a guanine cytosine pair is about the same shape and size as an adenine thymine pair

Classic Insights
people like
to drink
coffee
in the
living room

Classic Insights
NOW
TRUMPS
MINE

Classic Insights
People don’t want
quarter-inch
drill bits.
They want quarter-inch holes.

Classical Insights
Success
yields solidarity,
not the other way round.

Shift from the status quo means to the underlying end.

Person using public restroom needs trash can close to the door so they can open door with paper towel and dispose before leaving.
Person using public restroom who is worried about germs needs a way to open the door without touching it.
Dan Ryan djjrjr@gmail.com
Shift from the status quo means to the underlying end.

Child needs a stool to be able to reach the sink.
Child who wants to reach the sink needs a way to reduce the height difference between them.
Dan Ryan djjrjr@gmail.com
Insight Formulae
Shift from status quo means to the underlying end. |
Shift from X is a Y to X is a Z. Kelley's Toothbrush. |
---|---|
The real cause here is X, not Y | The bottleneck or limiting variable is X not Y |
Insight Formulae
Shift from status quo means to the underlying end. The goal of privacy legislation is to prevent harm to patients, not achieve compliance with privacy practices Data-holders don’t need data sharing documents, they need trust that bad things won’t happen |
Shift from X is a Y to X is a Z. Kelley's Toothbrush. Privacy is not about control it’s about respect ML is not hypothesis testing, it is hypothesis generation |
The real cause here is X, not Y The real cause of delay in negotiations is not lawyers but organizational dysfunction The real cause of REB refusals is not assessment of patient harm but lack of rewards for saying yes |
The bottleneck or limiting variable is X not Y REB bottleneck is lack of shared definition of harm, not risk aversion Legitimate data sharing requires determination of net benefit, not patient consent |
Whys and Becauses
Contract
too long
and
tedious
and because of
this...
and because of
this...
but
why??
but
why??
Whys and Becauses


Whys and Becauses



HeadsTogether: Compare,
reconcile
into one
table-sized
why-why-why-
because-
because
Ideating Outside the Box
Collaborative Creativity
Intentional Prototyping
Cajoling the World to Talk
Teaming
-
Intro
-
Six Hats
-
Norms
Pushing in the same direction

Division of Labour


It's Not YOU
Collaboration is
an
unnatural act
Questions?
Quiz Time!
Six Hats Quiz
B: I wonder if this sort of thing could be implemented in one of those smart contracts?
A: It wouldn’t work.
D: If their brand is about innovation, having an innovative legal structure behind it would make sense.
B: It's pretty exciting to think about getting this agreement down to 2 pages.
C: That’s the problem. Management never gets the legal issues. Nothing will change that.
D: What if we go way outside the box and make the agreement an interactive app?
A: You gotta be kidding me. What are we, game designers or lawyers?
B: Well how about a video version for the CIO, something that's watchable and clear - like some of the really creative airline onboard safety videos.
A: I have to admit to really hating those airline videos.










Great Teams Have Great...


Select a norm and write it down
Write why it is good for a group
Write how you feel about it
Write what misgivings you might have about it




The Rules
- We take turns
- We alternate heads down solo and interacting as a group
- We respect the clock
- We write down what we want to say
- We say what we wrote down
There WILL Be a Clock1
- Announce your proposed norm (15)
- Explain your reasons (30)
- Heads Down: others jot down reactions (30)
- Go Round: hear the reactions (3x20)
Write down the norm you propose, why it's a good idea, and how you feel about it.
Propose and Respond
Propose
Think+Write
Explain
Share
Commit to Coherence
by
Writing It Down
Alternate solo and group time to maximize team CPU
Permit
pedantic practice
Choose to cooperate (follow the rules) because you have faith that others will likewise.
Practice for Self
Awareness as a Skill You Bring to A Team
CULTIVATE
CREATIVE
LISTENING
Coordination - familiarity and routine yield predictability as a creative asset
Team discussion of IX problem
(45 minutes--want coffee?)
Don’t forget hats and norms!
How’d that go?
What were your best ideas?
Insights?
Any questions for IX?
Tools for Ideation
Persona
Point of View
How Might We
From
Problem
to
Ideas
EMPATHY
IS
A
VERB
Problem
Ideas
Problem
Ideas
YOU YOU YOU
Problem
Ideas
YOU YOU YOU
Problem
Ideas
YOU YOU YOU
YOU are not the user.
Problem
Ideas
Somebody's
Problem
Ideas
Somebody's
SEE IT
from their
POINT OF VIEW
Craft a
PERSONA
Generate
Insights
Ask
How Might We...
YOU are not the user.
Empathy Map
What does she see?
What's the environment? What trends are noticeable? What are the go-to solutions?
What does she say?
What her schtick?
What maxims does she quote?
What's her professional lingo?
What does she think and believe?
What matters most? What worries her? What drivers her?
What does she hear?
...friends saying?
...around the office?
...from influencers?


The Persona's Point of View
A quick, thick description of a particular person trying to do a particular thing.
Classic Point of View Example
Problem = redesign airport experience
Insight = especially challenging for parents with children
P.O.V. Harried mother of three, rushing through the airport only to wait hours at the gate, needs to entertain her playful children because “annoying little brats” only irritate already frustrated fellow passengers.1
1 Stanford d.School handout out on how might we questions
From POV to HOW MIGHT WE
Amp up the good…….HMW use the kids’ energy to entertain fellow passenger?
Remove the bad…….HMW separate the kids from fellow passengers?
Explore the opposite…….HMW make the wait the best part of the trip?
Question an assumption…….HMW entirely remove the wait time at the airport?
Create an analogy…….HMW make the airport like a spa? Like a playground?
Problem: Improve the second grade experience
Insight: Kids focus on amount of time homework takes
P.o.V.: “I am seven-years-old and I hate doing homework because it takes me forever to finish”
HMW: How might we create a way for this student to do his or her homework more efficiently?
Practice
Problem: Improving the laundry experience
Insight: College students never learned certain skills from their moms.
P.o.V.: I am a college student and I hate folding laundry because I can’t seem to fold it the right way.
HMW: How might we create a tool to help the college student fold laundry?
Practice
Grab lunch
Work on your own on persona, PoV, HMW
(30 minutes)

Share personas, PoV, HMW
Generate NEW ideas
Be outlandish
Visualization with < 50 words?
An app?
Using model of:
doctor? engineer? psychologist?
Brainstorm Rules
- Defer judgment
- Encourage wild ideas
- Build on the ideas of others
- Stay focused on the topic
- One conversation at a time
- Be visual
- Go for quantity
What was your most outlandish idea?
What would IX think?
What would a CIO think?
Intentional Prototyping
Marshmallow Challenge

- Build the Tallest Freestanding Structure measured from the table top surface to the top of the marshmallow.
- The Entire Marshmallow Must be on Top
- Use as many or as few of the 20 spaghetti sticks, as much or as little of the string or tape.
- Break up the Spaghetti, String or Tape: Teams are free to break the spaghetti, cut up the tape and string to create new structures.
- The Challenge Lasts 18 minutes
- Towers to be measured after 30 seconds free standing.

Prototype to Learn
What do we need to find out?
(some) Reasons to Prototype
Communicate the idea
Test assumptions
Explore forks in the road
Test usability
Discover what we didn't know we didn't know
Pick One Idea to Prototype
Build a rapid, low resolution prototype
Present prototype to user
Build another prototype
What Worked?
What Didn't?
What Should We Do Next Time?
What if...?

Design 4L
By Dan Ryan
Design 4L
- 136