In e-discovery, the failure to communicate often leads to inaccurate expectations, mistakes, missed deadlines, misunderstanding, message ambiguity, and ultimately sanctions! In fact, a lot of the sanctions and discovery disputes we read about could easily have been avoided if proper communication protocols were in place and followed!
Rarely will the receiver interpret a message exactly as the sender intended; therefore good communication requires the speaker and listener to share a common code. Predictive coding terms recall, precision, accuracy, error margin, richness, confidence interval, etc. are classic examples of why we need to define terms before discovery begins in order to avoid confusion.
