Answer

Attorneys have unique needs when using computer forensic analysis. They must rely upon an expert to extract relevant data using procedures and protocol that permit the data to be admitted in court; while also relying upon the same expert to help identify and resolve issues related to rules of procedure, litigation strategy, and the theory and law of the case. The former requirement focuses upon computer technology, the latter upon legal training and trial experience.

A good computer forensic company will have merged computer technology and trial experience. In regard to computer technology, a good computer forensic company will use sound procedures to ensure that all relevant information is admissible in court. It will be able to explain those procedures in an intelligent, compelling manner before judges and juries. It will be able to explain the technological issues and strategies to you in such a way that you will be comfortable explaining them to your opponent, or to a judge in motion practice. As to legal and trial issues, a good computer forensic company will be able to help you anticipate the procedural objections and strategies that you may encounter using computer forensics, provide you the case law support for the protocols you wish to use, suggest procedures that satisfy federal and state court rules, and recognize information relevant to your legal theories, strategies and claims.

Before engaging a forensic company be sure to ask the following questions……

• What is the experience level of the forensic computer examiner?
• How long have they been in the industry?
• Have they ever testified in court?
• Have they been admitted as an expert witness?
• How many cases have they worked?
• What relevant education and training do they have?
• What professional organizations are they affiliated with?
• What standards and protocols have they employed to ensure the evidence is not tainted?
• What software do they use?
• Do they rely on a single piece of software or do they have an arsenal of tools to use as appropriate?
• Do they have the proper licensing of the software they are using?
• Is their software proprietary and if it is proprietary, has it been accepted in the court system? If not, you may have an uphill battle just getting the evidence admitted.
• Do they have in-house, full time attorneys working on the cases?
• Are the attorneys trained in the forensic analysis of computers?
• What is the experience level of the attorneys, including trial experience?
• Have the attorneys been admitted as expert witness?

All of these questions are important in determining the skill level and expertise of the computer forensic company. More importantly, these questions are important to judge the degree to which the company will be able to help you in the real world of trial litigation.