Contract to do work
 
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Contract to do work

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(@laforensics)
Posts: 30
Eminent Member
Topic starter
 

I've got an opportunity to do a small recovery job for a client but need a sample contract or agreement before doing so. I'm new to the business and don't have any formal contract written up.

I would like to include in the contract something about the successful recovery of data is directly affected by the amount of use subsequent to the loss of the data.

Does anyone have a sample contract that I can see? There are so many legal issues that get incorporated into a contract that I know I will miss some if I were to create one from scratch.

Thanks for in advance for any help you may be able to provide.

 
Posted : 06/06/2006 5:13 pm
(@armresl)
Posts: 1011
Noble Member
 

Is this for a forensic job, or something like a document type recovery for a friend?

 
Posted : 06/06/2006 7:46 pm
(@laforensics)
Posts: 30
Eminent Member
Topic starter
 

It's a more along the lines of a document recovery. I tried to sell the client on the need to create a forensically sound image and analyze that but he wasn't interested in that.

It appears that there has been some unethical activity by one (maybe more) of the client's employees, among other things, document deletion. I feel strongly that an image would be the best thing and then we could take it from there but he feels strongly the other way. ) Client wins right?

I don't have any existing contracts or agreements in place to do the work and would love to see any samples.

I'm very new to this field. Thanks.

 
Posted : 06/06/2006 11:35 pm
(@armresl)
Posts: 1011
Noble Member
 

As soon as I get back to my office, I will get you a form that I use.

If they don't want to go for an image, sometimes it is best to walk away. If there is any potential for you to find any material that is not supposed to be there then everything that you do has the potential to be called into question.

We all don't like it when the clients wont spring for what they need to, but don't put yourself in jeopardy based on them not wanting to cover what you gave them as a cost for a job to be done properly.

 
Posted : 07/06/2006 5:11 am
(@laforensics)
Posts: 30
Eminent Member
Topic starter
 

Yeah, it's almost like he's given up on the idea of any sort of criminal or legal action against his employee/former employee. What is it about insider threats that make people blind to these sorts of things? If it was a hacker forget about it, legal ramifications big time but an insider all they want to do is fire them and get information back.

I don't get it.

(Blurred topic alert) If you were to do a forensically sound image, how would you handle the chain of custody? Just lock it away in a safe or room that a limited number of folks have access to? For a guy like me just starting out I really see a problem with me being able to give a viable chain of custody since I wouldn't be able to swear by it's security round the clock.

I'd really appreciate the opportunity to look at the form you use. Thank you very much.

 
Posted : 07/06/2006 7:51 am
Alan
 Alan
(@alan)
Posts: 53
Trusted Member
 

(Blurred topic alert) If you were to do a forensically sound image, how would you handle the chain of custody? Just lock it away in a safe or room that a limited number of folks have access to? For a guy like me just starting out I really see a problem with me being able to give a viable chain of custody since I wouldn't be able to swear by it's security round the clock.

Hi LAForensics,

You MUST keep the image drive extactly as you would the original; proper chain of custody procedures (including the required documentation) must be used at all times. You could not guarentee the integrity of the evidence otherwise.

Alan

 
Posted : 07/06/2006 1:09 pm
(@armresl)
Posts: 1011
Noble Member
 

As far as the chain of custody goes, think about these as options.

A lock on your door that logs who comes in and out.
Safes that require a key and passcode, with logging features.
Camera with motion sensor that takes pictures of the entrance to the room where your evidence is stored.

These may sound expensive, but the lock can be bought for around $500, the cameras can range from $100 to several thousand, and the safes are also in the $500 range.

Hope that this helps.

 
Posted : 07/06/2006 9:13 pm
(@laforensics)
Posts: 30
Eminent Member
Topic starter
 

Armresl,

Those are all very good suggestions. It would be somewhat hard to argue against those measures in the court of law I'm sure.

John

 
Posted : 07/06/2006 9:56 pm
(@jvortisch)
Posts: 7
Active Member
 

A while back some one provided me with a sample contract to use as an example for doing forensic work on computers. I have mis-placed this example and really need to see one it again. If anyone has a sample contract they can let me look at I would really be thankful.

Jeff

 
Posted : 10/08/2006 5:42 pm
(@berogersjr)
Posts: 28
Eminent Member
 

Jeff,

Just emailed it to you a little bit ago.

bobby

 
Posted : 10/08/2006 7:34 pm
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