Criminals are smarter than ever, and lawyers need to embrace innovation to keep pace with them. A law degree from a top school and experience with a stellar legal firm will not set you up for success when you are fighting against a tech genius. You need to think like a criminal and use innovative tools to gather evidence in the most ingenious ways.
Thankfully, digital forensics can help you unlock evidence as electronic data from devices to strengthen your case. It plays a key role in cases involving employee fraud and data thefts. A basic understanding of this technology is, therefore, an integral element of a successful legal practice. Before you dive into it, here are some facts you must know about digital forensics.
A Broad Collection Sets You Up for Success
Digital forensics involves the collection and analysis of digital data from multiple devices. These include computers, phones, tablets, and portable hard drives. It also covers accessing data from cloud storage locations. When it comes to gathering digital data for the sake of evidence, broad collection determines success. Consider going beyond the regular sources of data. Collect additional pieces from printer logs, server or database logs, key card access logs, and security camera footage.
Further, you can even piece together the critical information to detect actions, such as when a user modified a file or attached an external drive to the device. The more data you have, the better are the chances of getting strong evidence.
The Right Tools Make a Difference
As a lawyer, you are trained to do your thing and probably are the best at it. But you cannot expect to be a tech genius, which you need to be if you want to get the best from digital forensics. Choosing the right tools is crucial to access key pieces of evidence. For example, you will require Cell Phone Forensics Software to access the encrypted data from a suspect’s cell phone.
But the technology alone will not help because only an expert can unlock devices and decrypt information for you. Make sure you have both the right tools and trained people to use them to get the best outcomes. A marijuana attorney, for instance, can make use of digital forensic evidence to help build a defense strategy for their client.
Keeping a Collection Record is Vital
If you plan to use electronic evidence in court, you should be ready for disputes. You can minimize such events by keeping a detailed record of the make, model, and serial number of devices and when and how each device was collected. Additionally, document the time of transferring possession of the device, such as handing it over to a forensics expert for analysis.
These records can be vital if your client has to refer to the law enforcement department eventually. Remember that every detail matters, so you must not miss out on dates and timelines at any cost.
Accurate and relevant evidence can make or break a case, and no one knows this better than a criminal lawyer. While digital forensics can empower you with game-changing evidence, you need to follow some rules to use it legally. Knowing the facts mentioned here definitely puts you in a better place.