Cell Phone Forensics

Modern litigation has gone beyond the traditional forensic trail involving paper. A decade ago, almost all lawsuits involved some sort of documented paper trail. Attorneys would sift through tons of paperwork. They check if there is any kind of evidence that might play a role in the case they are handling.

With the rise of the internet and digital records in general, the legal battlefield has shifted from paper records to digital records. This is a good thing and a bad thing. First, the good news. Thanks to a powerful local search technology, you only need to enter some key phrases or some tag words and you are sure to retrieve relevant information and documentation very quickly. Cutty has the expert witnesses who can not only find your evidence, but provide it in a courtroom.

On the other hand, it has become a headache to determine whether the record retrieved from a cell phone or a computer is authentic. It’s very easy for a defendant to say they did not make a certain call or create a certain document. They might even claim that they have not received a particular email. What are you going to do in that particular situation? Thankfully, you can hire a computer and cell phone forensics expert to track the digital trail of the records.

Whether you work for a law firm or an insurance company, you need to hire the right computer, cell phone forensics expert if your case involves a digital documentation. Whatever way, shape, or form this digital documentation may be. Hiring the right expert can make or break your case. The right expert can make it hard for the defendant to escape responsibility for a certain document. This will increase the likelihood of a defendant or group of defendant to be found liable or guilty. So, how exactly do you find a computer and cell phone forensics expert? Pay attention to the following hallmarks.

Solid experience

There are many people out there that hold themselves as experts. Maybe they have read an article somewhere. Maybe they have read a book or two. The sad truth is, anybody can hold themselves as experts. Make sure you quickly filter through all those self-proclaimed experts by asking for solid documentation of their experience. How many cases have they provided expert testimony? How many lawyers have they worked with? Which law firms in your local area have hired them? These are fairly basic questions, but this can go a long way in quickly filtering out self-proclaimed experts who are not really up to do the job.

Track record of case victories

This is where the rubber meets the road. The main reason you are hiring an expert witness is to win cases. If you don’t think along these lines, then you are just wasting your time and your client’s time. It’s all about victory; either you are trying to defeat a plaintiff or you’re presenting a plaintiff who’s trying to win a case. Whatever the case may be, the bottom line is a victory. With this in mind, you should look for an expert who has a strong track record of courtroom wins. If this person often figures in cases that loses all the time, this should be a red flag for you.

Clear communicator

Juries are swayed not just by the background of an expert witness, but also by the witness’ ability to communicate. As a litigator this should not be a surprise to you. While the substance of what your witness has to say in court can go a long way, how this person communicates is also crucial. In fact, in certain types of cases, clear communication is more important than the meat and potatoes of the expert’s testimony.

When it comes to complexity, computer and cell phone forensics rank right up there. You need to present a witness that is not only able to give an expert opinion. Also, this person has to be able to walk the jury through what would otherwise be intimidating, foreign, and alien subject matter.

Provides credible citations for all claims

As a lawyer, you are trained to write legal briefs that claim an assertion or legal conclusion and back it up with the relevant case law or statutes. To a lesser degree, the expert witness you are going to present at court should also be able to back up their claims. They should also be able to provide credible, expert, and authoritative citations for the claims they are making.

Published expert

While this is not a necessary requirement, this can help you tremendously. People are ready, willing and eager to accept other people as experts. However, people are doubly impressed when they find out that the expert who they are talking to is actually a published author. Whether this person is published in a journal that nobody has heard of or has produced a book that nobody has read, doesn’t really matter. What matters is that this person is a published author.

Solid, academic track record

With everything else being equal, an expert who did well in school and earned academic awards is sure to be viewed as more authoritative and credible than somebody who just screwed around in school. This is not a deal breaker. However, when it comes to “the battle of experts”, in court, every bit helps.

Handles a specific type of case you’re handling

It’s extremely important to find a computer and cell phone forensics experts who typically handle the general type of issues involved in your case. In other words, this person’s expertise should be directly relevant to the issues involved in the litigation you are handling.  This makes it easier for the jury to wrap their mind around what the expert has to say. Chances are, the expert knows how to approach the issue in such a way that the jury can fully understand what he or she is saying.

When looking for a computer and a cell phone forensic expert, keep in mind the hallmarks above. You are not looking for a “run of the mill” authority. You are looking for somebody with a very tightly defined range of expertise. Choose accordingly.