Digital Forensics Dispatch

Digital Forensics’ Impact on Legal Proceedings

June 7, 2022

Recently, Lawyer Monthly and Amy Francis, the Global Head of Digital Forensics at SR-M, published an article about the impact digital forensics has on legal proceedings, the full article can be found here. The article itself contains a wealth of information about the digital forensics process and how one would go about retaining expert services.

Francis starts off with a section describing what digital forensics is and what methods and techniques are employed during the digital forensics process. Digital forensics, in short, is the collection, preservation, identification and analysis of electronic evidence and media. Digital forensics can be used to forensically preserve items of evidentiary value for legal proceedings.

Francis also brings up a good point about who is qualified to carry out digital forensics, and what someone looking to hire a digital forensic expert should look for. One of the main points that she brings up is that the individual or company that is being retained to perform the digital forensic services should be a digital forensic expert and makes the clear distinction between that and other technology fields such as IT or cybersecurity specialists.

A digital forensic expert should be someone who has training in evidence preserving and handling techniques, as well as analysis and expert reporting. Additionally, you should look for someone who holds digital forensic certifications.

Francis then brings up what types of cases digital forensics is often used in. Her answer may surprise some people, but not us. “In today’s world, it is rare to find a case which does not included some component of digital evidence and digital forensic work” Francis writes.

We often see that this is the case and have delt with a number of cases ranging from criminal defense to family law to data theft or employee misconduct. If there is an electronic device involved in some way, there is a good chance there is evidence available to be examined. Sensei has done digital forensics work for law firms, businesses, the military, and private citizens.

Francis brings up a great many other questions that are brilliant and that digital forensics experts often face at the onset of a matter. We highly recommend that anyone looking to engage a digital forensic expert browse the article as it offers a great deal of insight into how a digital forensic expert can work with you and what you may need to have prepared to engage one.

Before closing out the post, there is one specific point that Francis brings up and that is about evidence preservation. She asks, “Why is it vitally important that electronic data be preserved by a forensic expert?”

The reality is that a digital forensic expert has the training to preserve the integrity of the electronic data and can verify that data was not changed during that collection process. The correct preservation of electronic evidence is vital to a case and can often be the deciding factor on winning and losing. With a forensic expert preserving the data, you are going to get someone who documents the steps taken during the preservation process and follows the best practices and guidelines for evidence preservation.

Sensei has been providing expert digital forensic services for the past twenty-five years. Contact us today at 703-359-0700 to see how we can assist in your case.

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