Consultation
We often meet with attorneys to discuss what data will yield the best evidence. Sometimes this leads to interrogatories or early depositions just to find where the data resides. We help write the technical aspects of the interrogatory, and help prepare for and sit with attorneys during technical depositions.
The electronic-discovery process involves complex data manipulation and reduction utilizing sophisticated software tools and techniques. However, technology and tools are necessary but not sufficient for success. The result that is achieved is only as good as the quality and experience of the forensic expert assigned to the case.
Electronic Legal is expert at electronic discovery and has years of experience investigating complex cases. We have a knack for finding the key evidence needed to win.
Preservation/Collection
Recovery and preservation of electronic evidence is the key to successful data collection.
We collect (physically take into custody) and image (create a verified exact duplicate of the suspect data). We store sealed evidence in safes, and maintain working copies of the images for analysis. Or, if you prefer, we will deliver the image to you. We do all the appropriate photography, chain of custody and documentation required to use the evidence in trial.
Case relevant information often resides on all forms of computer devices: laptop and desktop computers, floppy disks, CDs, DVDs, PDAs, cell phones, tapes and servers. Recovering data from a wide variety of media and devices is an essential element of data collection and is the core technical challenge. However, technological prowess is not the only issue. Following proper evidence handling techniques, preserving data (imaging) and managing chain of custody are equally important to the data-collection process.
Electronic Legal performs all aspects of data collection including recovery, preservation and evidence handling. In most cases electronic evidence can be gathered quickly with minimal disruption to the operational processes of an organization. No proprietary software is used in the process, and the security of the gathered information is ensured.
Analysis/Data Sifting
Our certified technologists analyze the image using a number of forensic software tools. We have extensive experience in searching deep beneath the covers at operating system data. This is the really techie stuff that we're embarrassed to admit we really like.
The data-collection process typically produces huge volumes of information often measured in gigabytes (GB). The shear volume of data can overwhelm the most seasoned investigators and litigation support personnel. Most recovered data is not useful to the case and should be discarded. The challenge is to quickly and efficiently sift through the volume of data to find the key information critical to the case. Techniques often deployed in the data-filtering process include de-duping, keyword and date searches and data segregation. Software tools are often utilized to assist in the data-sifting process.
Electronic Legal is expert at the data-sifting process, and we take great pride in our investigative capabilities. We spend the extra time to learn the details of the case by reviewing the complaint and associated case documentation before we begin. This step is critically important to ensure the effectiveness of the sifting process. While reducing the volume of information to a manageable size is the main goal, achieving that goal must not come at the expense of missing a critical piece of evidence. Electronic Legal utilizes standard data-filtering techniques through the search process. We also perform phrase and conceptual searches of all associated information, including attachments. The sifting and investigative process can be iterative and requires coordination and communication between the investigator and case manager. If there is a "smoking gun," we will find it.
Production
In many cases, a formal expert report is not required. We'll simply prepare an overview of our findings combined with recovered evidence items. This allows the attorney to get at the evidence for far less cost than a formal expert report and often dramatically reduces the overall engagement cost.
The end result of the electronic-discovery process is a final deliverable. Typically, this includes case-relevant information delivered in a form that can be used by legal counsel. This information must be in a form that can be searched and reviewed. In larger cases, the information may need to be imported into litigation software or a central repository service where it can be shared as the case progresses. The original images, electronic-discovery deliverable and overall process could be scrutinized in court.
Electronic Legal's electronic discovery deliverable is designed to exceed these requirements and address the productivity of the attorney. Electronic Legal's work product can be imported easily into many applications, including the industry standard litigation support software or central repository services. Electronic Legal also provides verbal or written reports with key findings of the process and forensic investigation.
Reporting
We have written many expert reports, rebuttal reports, rebuttals to rebuttals, etc. One of the principles of Electronic Legal was an English major. He insists the reports have to be not only completely accurate, but well-written.
Testifying
We have testified at trial, in deposition, and in arbitration. We understand the value of communication, visuals and preparation.