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Online Documents as Evidence, Software License, Case Notes

Discussion of legislation relating to computer forensics.
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EricZimmerman
Senior Member
 

Re: Online Documents as Evidence, Software License, Case Not

Post Posted: Aug 21, 13 03:28

- mscotgrove
FTK imager is free


yea but you dont do exams with FTK imager (i would argue you shouldnt do them with FTK at all, but thats another post Smile )  
 
  

armresl
Senior Member
 

Re: Online Documents as Evidence, Software License, Case Not

Post Posted: Aug 22, 13 12:08

OP,

None of us who replied are JD's, and IMHO most of the questions that you are asking are legal related and should 100% be answered by counsel.

Bulldawg,

I don't agree with
"Let me give you a little insight into what’s happening to you. Ninety-nine percent of the time your notes and the source of your research will never be an issue in a case. But, when you have found something that is damning to the other side and they choose to fight rather than settle or plea, they will use every means available to get your testimony thrown out. The other attorney is throwing everything against the wall and seeing what will stick. That’s his job. Don’t take it personally, but do prepare for it."


There are all kinds of variables that we don't know. He sure isn't an expert, but for this lets say he is. Is he a consulting expert, is he a testifying expert, is he an investigator working for the attorney? Is he in a state where he needs a PI license? Depending on the answers to those and many more questions, his bench notes, notes, software output results, notes made within software, etc. can be discoverable. Maybe this is the 99% you were talking about, and if so, I agree with the chance for variables.


Other than what I posted, I'll agree with E and B, as well as the replies.


P.S. As far as the webpage, etc. you're prolly dealing with a Best Evidence issue there, but again, not something for you to research, counsel should be well versed in how to handle those objections and the appropriate filing of appeals for evidentiary matters.
_________________
Why order a taco when you can ask it politely?

Alan B. "A man can live a good life, be honorable, give to charity, but in the end, the number of people who come to his funeral is generally dependent on the weather. " 
 
  

Bulldawg
Senior Member
 

Re: Online Documents as Evidence, Software License, Case Not

Post Posted: Aug 22, 13 17:43

- armresl
OP,

None of us who replied are JD's, and IMHO most of the questions that you are asking are legal related and should 100% be answered by counsel.

Bulldawg,

I don't agree with ...


I should have prefaced it with I'm not an attorney, and you're right, I don't know the situation completely. Since the attorney is trying to get notes and questioning the source of documents, I made the assumption that the OP is being put forth as a testifying expert. If done properly, the opposing attorney shouldn't even know who a consulting expert or investigator is.

The 99% I'm talking about are all the cases that never go to trial and all the cases where the opposing counsel doesn't make an issue of the little things. What I hope we all realize is that the 1% where the case does go to trial and the attorney does make an issue of the little things, then those little things can become very big problems for us and for the case. Make a big enough mistake, and it will follow you through your entire career, and could limit your ability to do this work in the future.  
 
  

pbobby
Senior Member
 

Re: Online Documents as Evidence, Software License, Case Notes

Post Posted: Aug 22, 13 18:05

- icyalkn1
Hey Guys & Gals,

.


This sounds like a theory crafting set of questions from a course exercise.
_________________
Don't get baited. 
 

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