Are you looking for a reliable and experienced computer forensics expert witness to testify about electronically stored information and what actions took place on a digital device?
If so, you may want to consider and ask some of the following questions before moving ahead with an expert.
- Has the person you will need to sign an affidavit or testify on your behalf ever been deposed before?
- Is the individual a certified computer forensics expert witness by one of the common certifying organizations?
- What technical training does the expert have that supports their status as a qualified computer expert witness?
- What publications and presentations has the expert provided and to which organizations?
- Have they testified on case matters similar to the litigation matter you are embroiled in?
- Does the firm have active litigation against it?
- Are the firm’s fees much lower than other top-ranking firms with similar expert witnesses experience in the geographic market where you are looking to have a computer expert testify on your behalf? If so, they probably are new to the market and lack experience testifying to the judges likely to be considering your case.
- What does the Better Business Bureau rating of the firm indicate about the firm and their business practices?
- Is the firm able to provide satisfied past clients who are willing to act as a reference for the experts you will be working with?
- Is your vendor subcontracting out their expert witness analysis work?
- What percentage of the firm’s work involves computer forensics analysis and testimony?
- Is the firm known more for printing and scanning legal documents? If so, they probably don’t have sophisticated full-time staff who have provided computer forensics expert witness testimony in a court of law. They may be subcontracting out the work to another firm.
Picking the Right Expert
Picking a computer forensics expert witness can make the difference in the admissibility and acceptance of electronic information by a court of law. If your expert has never testified before, they are much less likely to be able to convince a court of law that trade secret misappropriation or deliberate user initiated spoliation of electronically stored information took place. If your expert is smart and technical, but lacks effective communication skills, they may not be able to explain complicated technical issues in a way that a jury or judge would understand. It is important to know who will be testifying on your behalf so that you are not teaching someone how to be a new expert witness on your dime when much is at stake.
If your expert is not diligent in documenting their work and supporting their conclusions in a scientific manner, legal attacks against their work may preclude you from being able to use important electronic evidence to make your case. Solo computer forensics experts that work without peers can be risky since they lack the ability to review their findings and conclusions with peers who can help verify their reports and conclusions. Most attorneys lack the necessary technical understanding of complicated metadata analysis issues that impact the computer forensics expert witness reporting process, so picking a solo practicing expert witness can be highly risky and fraught with the potential for mistakes.
The Forensicon Difference
Forensicon’s computer expert witnesses all have the opportunity to have their conclusions peer evaluated and tested by colleagues who act as the opposing experts before work product is finalized and provided to the court when counsel allows adequate time to do so. Forensicon’s method of preparing and finalizing computer expert witness testimony produces a more solid work product that is durable against chain of custody attacks, arguments regarding logic faults or lack of supporting facts. When picking a computer forensics expert, be sure to pick a firm that has years of experience and is not new to the field. Forensicon staff have well over 500 computer forensics expert witness related investigations under their belt. These projects have involved thousands of computers and various electronic storage devices. Our expert witness testimony has been upheld by Federal and State courts and has been ruled as reliable by appellate courts when our testimony has been attacked. We have experience testifying in variation arbitrations, FINRA, and military tribunals, among others.
When you need to select a computer forensics expert witness, turn to an experienced firm with a track record of success in the courts. Ensure your case gets the best expert witness testimony available for your particular situation involving electronically stored information by calling Forensicon today at 888-427-5667 for a complimentary consultation.
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