Today, digital forensic cases also known as computer forensics cases are on the rise, meaning cybercrime, as well as computer-related investigations, are also increasing. So to avoid becoming a statistic is to get ready for the worse and improve IT security measures regularly.
In most cases, security directors, employers, and many others hire independent digital consultants and digital forensic experts to secure or recover data from computers. These experts can have the skills required to do a good job, but sometimes there can be problems when it comes to licensing. This is the reason why you need to engage an experienced digital forensics company. This article explains how you can find the best digital forensics company.
Forensics investigation
Forensics refers to the use of scientific techniques to gather, analyze, and present evidence to any court. It simply means taking evidence to the court, so this needs legal and technical training. No wonder, the forensic computer investigator to be the staff of a licensed investigation company or licensed private investigators.
You need to use a licensed forensics company for the results to be accepted in a court of law. Even in these states where the license is not needed, evidence that is gathered by someone without the right legal training can be considered inadmissible by a court of law.
Remember that digital forensic investigators use a wide range of techniques to discover data from computers. Quite often, they can recover encrypted, deleted, or even damaged files like documents, graphics, videos, and images.
Related: The Use of Technology in Criminal Law Investigations
All this information can be important for your company and legal counsel, especially during prior depositions, discovery, or preparation for civil or criminal litigation. The good thing is that various software can recover deleted files. But you need to get someone pretty good with the investigation.
IT technicians may not be the right experts to conduct forensic investigations. This is because these experts cannot successfully testify in court regardless of their findings. Opposing counsel can throw out the evidence perhaps as illegally gathered information. As explained earlier, it’s a requirement that this information must be gathered and presented by licensed investigators.
How to choose a good digital forensic company
Unfortunately, the investigation companies that specialize in the forensic investigation are quite a few. The truth is that many private investigators either lack the proper experience or they don’t understand the complex legal issues required in handling specific situations that can lead to costly litigation. Here are some of the factors you need to consider before hiring a digital forensic company:
Agreement and fees
Reputable and experienced digital forensic companies usually give proposals and contracts before accepting cases. Therefore, if a digital forensic company doesn’t provide one, you need to ask for a budget estimate. It’s quite common for many of these companies to ask for a retainer before the start of the case. But it’s also fine to request the firm for references before you make any payment.
The involvement of the attorney and law enforcement
Experienced investigators know the importance of involving qualified lawyers in the investigation. Digital forensic companies that don’t want to involve your attorney should not be considered for the investigation. It’s worth noting that the decision to prosecute anyone lies between you and your attorney.
The prosecution can either be easy and quick or complicated, expensive, and time-consuming, depending on certain factors. A competent digital forensic company can advise you of the amount of time your case will take to be prosecuted.
In most cases, if your investigator does a good job, it will mean your case can be prosecuted fast. In some cases, the cases don’t even go to trial because the defense opts to settle it out of court due to the amount of evidence.
Experience
Make sure the digital forensic company and the employees handling your case have the right qualifications and experience needed to do the investigation. There are very few investigation companies that specialize in work-related investigations.
Therefore, choose a company that knows the employment law-related investigation, union issues, and criminal law. The company needs to be good at navigating legal areas that can lead to costly litigation.
Proof of license
Digital forensic investigators need to be licensed in most states. Therefore, when you go to another state for an investigation, you must ask for a copy of the license and business permits. You can do due diligence to avoid unwanted litigation.
That said, all reputable digital forensic companies have general liability insurance. Some states need insurance before issuing a license. Therefore, make sure to ask for a certificate of insurance before hiring a digital forensic company.
References and reputation
No doubt, the reputation of a company can sometimes be a deciding factor when it comes to buying its products or services. But reputation can vary significantly in the investigations industry. The best digital forensic companies are known well in the business communities and can be active in the associations they are involved with.
To get hold of such companies, you just need to ask and check their references. Besides, you can also ask the company about their claims and litigation history as well as their experience.
Willingness to testify
A digital forensic company should give you detailed reports after all investigative assignments. This means the report should be handed over to you before an invoice unless there is a need for a retainer. The information in the report needs to be clear and concise.
Even better, a digital forensic company needs to be willing to testify. Hence, you must verify the willingness of the investigators to testify in civil, criminal, arbitration, or unemployment, if required before the start of the investigations.
If the investigator is subject to deposition or subpoena, your company is usually expected to pay the fees for the investigator as well as fees for the time they spend in preparation and trial testimony. This should be paid regardless of whether or not your company requests the investigator to appear in court.
