Storytelling: The Shared Quest For Excellence in Document Review

http://ow.ly/8mKAs

A guest blog article by William F. Hamilton and Lawrence C. Chapin posted on the e-Discovery Team Blog (e-Discovery Team Copyright attached).

The article looks at the attorney review process, and references the recent 3 part series of articles by Ralph Losey, entitled The Secrets of Search.  Mr. Hamilton and Mr. Chapin suggest that "storytelling" can be used as part of an effective document review, and can enhance results provided by both human review, and technology assisted review.

The article states, "Our experience, unfortunately, is that too many lawyers separate document review from that creative process. They fail to see document reviewers for what they are: investigators sharing fully in the common tasks of discerning, shaping, and telling the client’s story. This kind of engagement requires that the review structure and evaluation adopt the elements and language of the story. It’s an orientation that triggers active reviewer participation and has real potential to address the problems now plaguing review."

The article suggests some steps to utilize in order to perform a more effective attorney review.  The article states, "First, at the outset, use the client’s story and its themes to define the goal of the review project. Articulate clearly the central purpose of every reviewer’s contribution: to enable the story to be told."


The authors refer to the rule of "7 Plus or Minus 2", which Mr. Losey discusses in his aforementioned article.  The authors state, "Linkage, gravity, and resonance can be seen as three overlapping circles. In practice, depending upon the story, the circles may vary in size and shape (e.g. oblong), but in the overlapping section we are likely to find the 7±2 documents that the trial team needs to tell the winning story."  A graphic is provided to illustrate this point as follows:
                                                        

The article provides additional points, and includes a discussion of each individual point.  The following items are additionally addressed as part of a review that incorporates a "storytelling" strategy.

Second, use storytelling with the review team to create a sense of quest.

Third, use of a lawsuit’s stories serves to continually define and redefine the team’s analytical tasks, and to sharpen their focus as the review progresses. Use graphics and models to demonstrate the elements and cohesion of the story as the review is taking place. I

Fourth, share “discoveries” among the team. After all, many of the decisions made by reviewers are close calls, and need to be shared and socialized for consistency and accuracy. In part, this question of sharing is a matter for science.

Fifth, collaboration thrives on human face-to-face contact. The 2009 Text Retrieval Conference (TREC) validated this important point.

Sixth, use storytelling to generate the connections that will make document review a meaningful experience. The most profound concerns about document review have always revolved around the lack of connection between the purposes of the work and those doing it. Storytelling, on the other hand, is all about connections.

Seventh, remember that the document review may have to be explained and defended. If challenged as to its reasonableness, the review will have its own story to be told.