A Very Particular Set of Skills? The Importance of Digital Forensics in Modern Legal Practice

Considering Digital Forensics and Collections

As an eDiscovery expert, it is important to understand the role and significance of digital evidence in the legal process. When a civil lawsuit is filed, both parties engage in the pre-trial process of “discovery,” wherein they request documents and evidence from each other. If these documents are in an electronic/digital format, the process is known as eDiscovery. Any potentially relevant digital evidence is subject to the eDiscovery process and is referred to as Electronically Stored Information (ESI).

When civil litigation is anticipated, organizations or individuals are expected to preserve prospective ESI from destruction. If litigation commences, eDiscovery follows, and each party may be required to declare their ESI relevant to the case. If the other party requests this ESI, it may be produced in its original format if it is related to the case, not privileged, within reasonable costs, and reasonably accessible. However, this ESI may not always be readily available and may require skilled professionals to extract it from electronic devices forensically. Therefore, digital forensic professionals may participate alongside discovery teams from both parties in forensically producing ESI during litigation. Parties to the case may engage digital forensic professionals on both sides if needed to assist in forensically producing ESI and validating the other’s ESI production methods.

The field of digital forensics has expanded significantly in recent years, moving beyond personal computer disks to encompass the investigation and analysis of smart devices such as smartphones, IoT, medical devices, and more. Network forensics has also become an essential aspect of digital forensics, focusing on investigating networks for security breaches, hacking attempts, and data theft. Criminal investigators, global corporations, law firms, and private/public enterprises have relied on digital forensic investigators to investigate criminal activities, intellectual property theft, patent infringement, data theft, misconduct, and embezzlement.

Digital forensic experts require specialized skills to investigate various platforms such as the Internet, computers, smartphones, cloud, IoT, accounting data, and more. To become a part of a digital forensic team, a digital forensic professional needs to coordinate with different teams in the investigation. Other teams in an investigation may be from law enforcement in criminal cases and eDiscovery teams in non-criminal (civil) litigation. As an eDiscovery expert, it is essential to understand the importance of digital forensic professionals and their role in producing ESI during litigation.

Considering a Proven Provider

L2 Services is a leading provider of digital forensics and eDiscovery services that help law firms, legal departments, and governments in collecting and preserving Electronically Stored Information (ESI). With over a decade of experience, L2 Services’ experts have developed a reputation for excellence and reliability in the industry.

L2 Services’ team of digital forensic experts is highly trained and certified in a wide range of digital forensics, data analysis, and eDiscovery tools. We have experience in conducting investigations, recovering data, analyzing metadata, and creating detailed reports for legal professionals. Our team at L2 Services follows industry best practices to ensure that all ESI collected is handled with care, preserved accurately, and delivered in a secure format that meets the client’s needs.

We also have a comprehensive suite of services that cover the entire eDiscovery process, from initial data collection to production. Our collection services include a comprehensive analysis of the client’s data environment, identifying potential ESI sources and collecting them forensically soundly. We also offer onsite collection services and have experience working with various devices, including computers, smartphones, tablets, and servers.

Our digital forensics services include detailed analysis of ESI, identifying potential evidence, and reconstructing digital activity. Our team at L2 Services is proficient in using specialized tools to analyze data, including network forensics, mobile device forensics, and computer forensics. We can also help clients navigate the complexities of eDiscovery, including legal holds, preservation, and data production.

In addition to our technical expertise, we deeply understand the legal landscape and work closely with clients to understand their unique needs. We are committed to providing clients with tailored solutions that are cost-effective and efficient, helping them achieve their legal objectives.

Our services provide a valuable resource to law firms, legal departments, and governments, assisting them in ESI collection, preservation, and analysis. At L2 Services, we combine our digital forensics expertise with eDiscovery services to help clients manage the complexities of modern-day litigation and investigations.

Learn More

Contact us to learn more about L2 Services and contact one of our experts to discuss how we may be able to help in sensitive audits, investigations, and litigation that require digital forensics and collection expertise.

About L2 Services

L2 offers integrated services for discovery, litigation, and business support, helping law firms, legal departments, and businesses manage paper and digital data from discovery to defensible destruction to optimize positive legal and business outcomes. Learn more at L2Services.net.

References

Krishnan, S. and Shashidhar, N. (2021) Interplay of Digital Forensics in eDiscovery. International Journal of Computer Science and Security (IJCSS), pp.19-44. [Online] Available at: https://www.cscjournals.org/manuscript/Journals/IJCSS/Volume15/Issue2/IJCSS-1602.pdf (Accessed: March 28, 2023).

Robinson, R. (2022) Embracing Differences? Interplay of Digital Forensics in eDiscovery. ComplexDiscovery. [Online] Available at: https://complexdiscovery.com/embracing-differences-interplay-of-digital-forensics-in-ediscovery/ (Accessed: March 28, 2023).

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