The Risk of Forgoing Digital Forensics

Innovate & Integrate

There's no doubt that electronic discovery (eDiscovery) has become an indispensable tool in the legal field for collecting, preserving, and analyzing electronic information relevant to legal cases. We have seen more courts grant orders on motions to compel discovery and motions for spoliation. While the cost and complexity of eDiscovery can sometimes lead to cutting corners, compromising the quality of a data forensics service should not be a consideration.

The process of data forensics involves the careful examination of digital evidence to establish its authenticity and integrity. Self-data collections by custodians will open the door for opposing counsels to question everything on the productions they received. 

Here's why forgoing data forensics is never an ideal approach in eDiscovery: 

1. The cost of using a forensic professional encompasses a small part of any eDiscovery case.

eDiscovery can indeed come with substantial costs, but the expenses related to data forensics are often a relatively small portion of the overall budget. Compared to potential litigation costs, fines, or sanctions resulting from mishandled data, the investment in proper forensics pales in significance. Cutting corners here might save a little in the short term, but it can lead to massive repercussions in the long run. 

2. Forensics Analysis verifies that clients provide all relevant information.

One of the fundamental aspects of any eDiscovery process is ensuring that all relevant information is identified and collected. Forensic experts can meticulously examine digital devices, uncover hidden or deleted files, and determine if crucial evidence has been tampered with. By skipping data forensics, you risk relying solely on the information provided by your client, which could be incomplete or even intentionally misleading. Forensics adds an extra layer of validation to your case, bolstering its credibility.