As digital evidence continues to become more common in litigation, so has the need for computer forensic experts. In some situations the success or failure of the entire case might be driven by the findings provided to the litigating attorney by a computer forensic professional says Greg Fordham of K&F Consulting, Inc. “To the uninitiated selecting the right expert may seem as simple as a referral from a colleague, but there are many facets that should be considered in the process,” Fordham notes…Fordham regularly advises clients on computer forensic and
e-discovery matters and has been an expert witness in state and federal cases
involving e-discovery and computer forensics.
To help those involved in selecting a computer forensic expert, Fordham
has recently authored a 10-page white paper, Finding and Selecting a Computer
Forensic Expert, that is available for free from the K&F website,
www.knfcon.com/selecting-a-computer-forensic-expert.pdf .
The paper discusses the different criteria that should be considered when
searching for a computer forensic expert. Criteria include the civil and
criminal litigation background of the individual being considered,
presentation skills, the forensic tools owned and used by the examiner,
relevant experience, professional training, educational background and
certifications.
In discussing the criteria Fordham says a computer forensic expert with a
law enforcement background can make an excellent witness for juries because of
their instant credibility.
“However, if the case is a civil matter there are other factors to
consider since the differences between criminal and civil cases are more than
the law itself,” Fordham says.
For example Fordham says it can be more important for the computer
forensic expert to know how to find traces of what has been on a computer than
it is to find the files themselves as a result of the greater advanced notice
that parties in a civil matter have about the production of computer related
evidence.
Similarly, an expert with extensive criminal experience may not be
accustomed to the discovery that occurs in civil proceedings and may not be
used to report writing, giving depositions, and revealing and supporting their
evidence and opinions prior to testifying at a trial.
“Helping a litigator advance the case is not always just about sifting and
interpreting evidence. It often includes using the expert’s expertise to
counter the obstacles devised by opposing counsel to stifle discovery,”
Fordham said.
About K&F Consulting Inc.
With offices located in the metro Atlanta area, K&F Consulting services a
nationwide clientele. The firm provides a variety of e-discovery, damages
quantification, and computer forensics including database forensics and
software forensics services. For more information on K&F Consulting visit
www.knfcon.com or call 770-642-0311.
SOURCE K&F Consulting, Inc.
