This is the second of seven informal video talks on document review and predictive coding. The first video explained why this is important to the future of the Law. This second video begins an explanation of the e-Discovery Team’s eight-step work flow, shown above, by talking about the first step, ESI Discovery Communications.
Good review projects begin in talk. You need to understand and articulate the disputed issues of fact. If you do not know what you are looking for, you will never find it. That does not mean you know of specific documents. If you knew that, it would not be much of a search. It means you know the bounds of relevance, you understand what needs to be proven at trial, and what documents will have impact on judge and jury.
What is the target? What is the information need? What documents are relevant? What would a hot document look like? A common understanding of relevance by a review team, of what you are looking for, requires a lot of talk. Silent review projects are doomed to failure. They tend to stagnate and do not enjoy the benefits of Concept Drift, where a team’s understanding of relevance is refined and evolves as the review progresses. Yes, the target may move, and that is a good thing. See: Concept Drift and Consistency: Two Keys To Document Review Quality – Parts One, Two and Three.
Review projects are also doomed where the communications are one way, lecture down projects where only the SME talks. The reviewers must talk back, must ask questions. The input of reviewers is key and their questions and comments are very important. Dialogue and active listening are required for all review projects, including ones with predictive coding.