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[AMENDED TO CORRECT BROKEN LINKS] Lawyers increasingly need to be able to find their way through the inner workings of computer hard drives in following evidentiary trails, whether in civil litigation, prosecutions or defence work. The writer of the newly published paper, Computer Forensics Concepts: An Introduction for Lawyers, (on the CLE BC Practice Points site) points out that most lawyers don’t know much about how computers work and therefore experts in computer forensics are never effectively cross-examined. He states that experts have told him that: The questions from lawyers were either embarrassingly uninformed, resulting in the lawyer looking foolish, or the lawyer did not ask the hard questions because they did not know where to start. He goes on to say that: “Understanding of the concepts of computer forensics is the foundation of a good cross-examination. It also assists greatly in communicating with your own expert and reviewing disclosure.” If you need to know more about how computers work in order to competently represent your clients, this paper is a good starting point. The Canadian Lawyers Insurance Association provides loss prevention information solely for the benefit of CLIA insured lawyers. The content and links provided in Loss Prevention eBytes are intended as resources to qualified lawyers who should exercise due care and their professional judgment in adapting or making use of any content.
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