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WHAT IS DIGITAL FORENSICS AND WHY IS IT IMPORTANT?

When you work in the legal field, you know that digital forensics can quickly go from something vaguely referenced in your favorite TV dramas to something vital to your case. Digital Forensics is a branch of forensic science that involves the recovery and investigation of material found in digital devices. When you need data retrieval to bolster your case, you will most likely need support from Digital Forensics Specialists.

Digital Forensics Specialists are generally consulted to investigate cyber-crimes, crimes that involve a security breach in a system or network. When a cyber-crime occurs, digital forensics specialists can assist in various ways. Their services range from securing confidential information that has been accessed by hackers to reconstructing data from computers or networks believed to have been involved in committing a crime and/or breach of contract or breach of fiduciary duty in civil matters.

The field of forensics is simple in theory, but complex in practice. It’s a time sensitive, digital archeology. This archeology increases in difficulty when you’re looking for data to use in a trial. Information must be preserved in a forensically sound manner to have evidentiary value! At First Legal, we use our proprietary software to image the drive, creating a copy that preserves the format. Next, we create a working copy, which we can then use to dig for information.

Digital forensics can be useful to corporations as well as law firms. For example, if a company has reason to believe that an employee is distributing trade secrets or storing illegal material, they might employ a forensic investigator to help build a case against that employee. While the employee might erase their local data, he or she is unlikely to have access to the office servers. Consequently, winning the case becomes a matter of knowing where to look. We will create a digital image of the office server and use data fragments to reconstruct what happened.

If you believe a digital device contains evidence useful to your case, it is best to obtain that evidence through a licensed investigator who is highly qualified in digital forensics. If you hire a licensed investigator, it means that the information collected is legally defensible and uncorrupted. At First Legal, we have various licensed investigators, most with law enforcement backgrounds specific to digital forensics. All these investigators have great qualifications and extensive experience on the stand. This is important because your investigator will be called to testify about what they did, their justification for doing it, and the methods they used. A great forensic investigator not only delivers the evidence, but knows how to manage their vocal inflection. They also know when to look at the judge and when to look at the jury. Small details like this can profoundly impact your case, making it crucial that you partner with investigators who know how to testify.

Interested in working with First Legal to recover digital evidence for your case? Contact us today!

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