Join Us!

Being Your Own Expe...
 
Notifications
Clear all

Being Your Own Expert Witness  

  RSS
Jamie
(@jamie)
Community Legend

Please use this topic for discussion of the webinar

Being Your Own Expert Witness

Presented by Brandon Dunlap, Global CISO at Black & Veatch and Managing Director - Research at Brightfly, Inc.; Herbert Joe, Certified Forensics Consultant, Yonovitz & Joe, LLP; Andrew Neal, TransPerfect.

Quote
Posted : 03/04/2015 10:20 pm
TuckerHST
(@tuckerhst)
Active Member

Please use this topic for discussion of the webinar

Being Your Own Expert Witness

Presented by Brandon Dunlap, Global CISO at Black & Veatch and Managing Director - Research at Brightfly, Inc.; Herbert Joe, Certified Forensics Consultant, Yonovitz & Joe, LLP; Andrew Neal, TransPerfect.

Good webinar on what it means to be an expert witness, but it glossed over the ethical considerations in being "Your Own" expert witness (the title of the presentation).

In order to ensure objectivity, expert witnesses are generally precluded from testifying in cases in which they have a personal stake in the outcome. The ethics statement of the CFC (which I hold), in particular, includes this statement "As a Forensic Examiner, I shall not have a monetary interest in any outcome of a matter in which I am retained. - See more at http//www.acfei.com/about_acfei/creed/#sthash.jW4Wt9AJ.dpuf"

Quite simply, a qualified expert who performs analysis on a case in which they have a monetary interest in the outcome should testify as a fact witness, not an expert witness. If you need an expert witness who can testify about opinions they have formed (possibly after performing an independent evaluation of the digital evidence and comparing it to a report prepared by the in-house expert), an objective independent expert should be retained.

Again, to emphasize, as a CFC, you pledge not to testify in a matter in which you have a monetary interest in the outcome. That is good ethical advice for any expert witness, regardless whether they have the CFC.

/scott

Edit I suppose I should point out that IANAL and none of what I have said should be construed as legal advice. Consult the attorney who represents you for legal advice.

ReplyQuote
Posted : 03/04/2015 10:51 pm
 Anonymous

Hi Scott, I’m glad you enjoyed the webinar. In terms of ethical issues, it’s an important topic that we simply couldn’t cover in its entirety during the webinar. It’s certainly top of mind for me (and (ISC)2 - there is a whole domain in the CCFP certification focused on ethics) – but for discussion, we focused more along the lines of “should you /how to” present evidence in court after your organization experiences an incident. As you mentioned, the ethics conflict is triggered by personal gain as a result of the outcome. I agree. I’d add that if you are an information security professional at an organization, there is no ethical conflict in relaying the facts or analysis surrounding a security incident. However, if you were to get punished or rewarded based on the outcome, then we’ve introduced an ethical conflict. Part of the conversation, which we were not able to delve into due to time constraints, was that sometimes it is not a good idea to take a ‘do it yourself’ approach. The two main reasons being a lack of experience/competency and conflict of interest (real or imagined). This is a topic worthy of further discussion, and perhaps in a future webinar we can talk more about some of the ramifications associated with being an expert witness – as you brought up.

Thank you for listening to the webcast, and for providing your feedback. It was well received and appreciated!

Andrew Neal
Director, Forensic Technology and Consulting
TransPerfect Legal Solutions

ReplyQuote
Posted : 09/04/2015 1:36 am
Share: