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E-discovery is the process of collecting and securing digital evidence for a legal case. Attorneys identify relevant information, IT professionals locate it, and metadata is collected. The process can be complex and time-sensitive, requiring the assistance of computer forensic technicians to ensure evidence integrity.
Electronic discovery is the process of collecting and protecting digital evidence associated with a civil or criminal prosecution. During the discovery process, both parties involved in a case have the opportunity to collect material that they will use in court and may also be required to share material, depending on the nature of the case and which side is involved. E-Discovery requires the services of IT professionals to help attorneys properly obtain and secure evidence so that it stands in court.
Also known as ediscovery, the process begins with identifying the type of digital information of interest. Attorneys may want to review chat logs, archived security footage, documents and other materials. They generate detailed lists, and the computer professionals determine where the information can be found. It can be on a single computer or on a network. Lawyers file legal requests to gain access to these systems so that their staff can extract the requested data.
This may include the reconstruction of damaged or deleted data as well as the recovery of information which may be readily available. The e-discovery process also includes the collection of metadata, information about where, when and how digital records were generated. This can be critical, as it can indicate whether the evidence is reliable and applicable to a case. In a chat, for example, two people might reveal evidence that they were planning a crime, or metadata on a document might support a copyright infringement case by showing who generated the original.
The time required for electronic discovery can vary depending on the case and the complexity of the information. Lawyers have to work within time constraints, as the case will proceed to trial on the date set by the court. If they need more time or find that the other party is not complying with discovery requests, they can go to the judge to seek a court order to enforce compliance or extend the trial date to allow more time to gather evidence.
Computer forensic technicians and computer personnel specializing in forensic applications of computer skills are available to assist with the electronic discovery process. It’s usually a good idea to hire these professionals rather than attempting to handle the process yourself. They can ensure that all data is collected and will follow standards and practices to ensure that no attacks on the integrity of evidence can be made in court. A case could be substantially harmed if information is mishandled and evidence is compromised.
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