UK: Forensic Technology - Necessity Or Luxury?

With the growing use of forensic technology in case preparation, John Holden looks at ways to control the scale and cost of investigations.

As the utilisation of computer systems for communication and data retention increases, so do the issues encountered when data is subject to review and analysis during dispute resolution. Consequently, forensic technology has moved centre stage in many investigations and disputes. However, compared to the traditional paper-based approach to case preparation, forensic technology is often viewed as an expensive luxury by solicitors and their clients.

Historically, when faced with the task of recovering data, the only avenue open to forensic technology practitioners has been to take a full copy or ‘image’ of the relevant data. This can be both time-consuming and intrusive to the client, and results in a large amount of non-relevant data being retrieved, stored and analysed, the cost of which is invariably passed on to the client.

A typical computer user stores between 150,000 and 225,000 pages of information on his/her computer and a reviewer can briefly examine 2,500 pages per day. If all the documents were to be printed, it would take a reviewer a minimum of 60 working days to go through the hard copies of one user’s data. Such an approach may be desirable in some cases but, with the use of technology, it is possible to be more selective with data capture.

Modern techniques allow prolonged and expensive electronic document processes to be effectively reduced. For instance, it is no longer necessary to extract the entire contents of a user’s data storage area. It is possible to take a forensically sound copy of an individual file or folder, which will be quicker for data capture and review.

Expert assessment at an early stage, using knowledge of systems and including factors such as proportionality, can identify time-saving opportunities and reduce the amount of material captured. This can save time in terms of both data capture and review, while the careful de-duplication of documents can reduce this even further – sometimes by between 50% and 70%.

Forensic technology practitioners are also able to stagger the stages of the assignment, placing process and/or financial checkpoints along the way. These controls enable the client to judge where and when additional resources are utilised, and to focus on the most relevant areas.

By encouraging greater dialogue between clients and the forensic technology practitioners at an early stage, the use of modern techniques and processes to examine data can be more cost-effective than seen at present. This will produce better results in less time.

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