The above is an interesting blog by Ralph Losey. Is Civil Litigation and e-Discovery just a game? Does the truth matter and who is responsible for seeking the truth?
The process of a digital forensic investigation demands the truth. Not the shaded truth. Not the truth that is untested and unproven. The whole truth and only the real possibilities behind that truth.
Harbinger believes that truth is paramount. Taking this approach makes reporting, depositions, and testimony a rather simple process. This is what makes us, and our clients, successful.
eDiscovery is a whole other beast. We, and other vendors, are not always tasked with discovering the truth. Usually, our task is simply to guide counsel in the requests for production. Additionally, we suggest preservation, collection procedures, filtering, search terms, processing data, and making it available for review.
There are times however where we are tasked with reviewing and analyzing data. This could be for privilege and relevancy prior to production or reviewing data that has been produced. In these instances, we fall back to the forensic process and provide the truth to the client and attorney so they know how to proceed with the matter.
It is the Computer Forensic and e-Discovery Experts job to be honest, ethical, and provide only the truth to their clients, their attorneys, and the courts. Honor the process and provide counsel with valuable information. In turn they decide how to advise their clients and how to best use the data.