Electronic Data Discovery Primer

Electronic Data Discovery Primer

Albert Barsocchini
Law Technology News
August 28, 2002
LAW.COM (http://www.law.com/jsp/article.jsp?id=1029171611801)


Abstract (Summary)


It is about electronic data discovery on how it affects forensic techniques on the safety retrieval of evidence.

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Things I learned


1. There is an incredible amount of electronic evidence that can be harvested, preserved, documented and authenticated.

2. There are a variety of services now available including electronic discovery consultants, computer forensic investigators, and litigation support services offering electronic document conversion, scanning, indexing and online repositories.


3. Retaining an electronic consultant can help create an effective strategy for collecting, analyzing and processing the data. ‘The scope of the consulting services normally includes assisting the attorney in preparing discovery requests related to electronic documents, reviewing and evaluating discovery responses, protecting clients from overly broad demands, and assisting in the collecting, analyzing and producing of relevant electronic data.’

‘With the help of a good consultant, unnecessary objections and motions can be avoided. Your best bet: an electronic discovery consultant who is both a lawyer with litigation experience and trained in computer forensics.’


WHAT TO DO


Recent case law has helped define procedures that counsel should consider when computer evidence may be relevant:

1. Send a preservation letter.

2. Appoint a neutral forensic expert.

3. Prepare an order detailing the inspection protocol.

4. Hire a forensic expert to acquire and preserve computer data for examination.

5. Examine and analyze image data files for evidence.

6. Document the findings.


“Electronic discovery must be both taken seriously and done properly because the evidence is fragile, easily erased and can be compromised by untrained parties. Litigators practicing in today's digital environment must understand the various ways information can be stored and retrieved not only to ensure compliance with discovery rules, but to build the best possible case for their client. Failing to do so may not only prejudice the case, but may be malpractice.”