Proof of Proper Electronic Evidence Collection

One of the nice things about electronic evidence is that it is relatively trivial to create a “provable” methodology to refute any complaints regarding evidence veracity.

For example, assuming you collect widely and preserve broadly, when it comes time to cull and produce materials for review, this should be done using scripts (small computer programs rapidly written by professional resources) which remain with the culled materials for later review, should there be any doubts.

Provided with both the original sources and the cull scripts, the production materials should always be the same. Providing the opposition approves of the scripts written, there can be no doubt about the veracity of the materials produced.

While scripts remain largely unchanged between cases, a general search for strings is simple enough, narrowing the cull intelligently requires more skill, and true targeted refinement requires pattern manipulation skills not commonly found amongst technicians. Yet these culling scripts can drastically reduce the size of the evidence for consideration, and simplify case dynamics.

GIven the sizes of preservation sets, the key to a quality case, is the speed with which it proceeds and the quality of the interaction. Good culling improves the legal experience and is best done using a combination of standard process and expert eye, depending on the complexity. Spending money on expert assistance such as that provided by Digital Trust® results in saved money over the life of the case, frequently drastic savings.

Using and providing scripts for review ensures the materials produced are incontestable.