Constraints on Forensic Computer Examinations When Acting as an Attorney’s Agent
This article highlights many issues that both computer forensics experts and attorneys should know before working together. Specifically, it addresses (1) what judicial safeguards exist to prevent material from being discoverable and when these safeguards do not apply, (2) the limitations of a forensic computer examination, (3) dealing with sensitive pieces of evidence, and (4) special rules applicable to criminal trials. It is very important that attorneys understand what requests are appropriate to make of a computer forensic expert and how to maintain control of the evidence they ultimately discover.