Digital Forensics and Information Technology Expert Testimony

A digital forensics and information technology expert can make (or break) a case, and may even be the deciding factor at trial. With much at stake, you want to find an expert who is potentially your most powerful resource in the courtroom. Digital forensics is such a highly specialized field, and expert testimony also requires someone who is knowledgeable, articulate and credible.

Below is a list of “must have” qualities when looking for a digital forensic expert to testify about electronic evidence.

  1. The expert should have years of experience and know the field of Information Technology. Look for an expert who has experience recovering information for a vast range of devices and technical environments.

Why Choose IT Acceleration: A Certified Computer Examiner, David Yarnall has over 30 years of Information Technology expertise and more than 15 years of experience assisting counsel and corporations with forensic investigations. He has investigated, reported on and provided expert testimony on civil and criminal matters involving technology and electronic evidence.

  1. The expert needs to be smart and technical AND able to effectively communicate complex concepts in a non-technical way to the judge and jury. It’s easy for an IT expert to talk like someone with a computer science degree. But what you need is someone who understands the intricacies of digital forensic evidence recovery and uses simple explanations to state the facts clearly and accurately.

Why Choose IT Acceleration: David Yarnall has testified in various civil and criminal cases and is effective at synthesizing complex information into concepts easily understood by a layperson.

  1. The expert should have experience in testifying, have multiple cases closed and a successful track record. An expert who has experience testifying is more likely to convince a judge and jury of the digital forensic facts and provide the necessary explanation of how the conclusions were reached. You need someone with poise to handle the most intense cross-examinations.

Why Choose IT Acceleration: In short, we know the game. Lawyers want to discredit the witness and evidence by asking questions outside of an expert’s area and drawing incorrect conclusions. We keep the focus on the evidence and answer questions we know within our area of expertise. We proactively correct errors in logic and stay on track with the facts before there is an opportunity to discredit the evidence.

  1. The expert needs to uncover data you didn’t know existed and unveil gaps in the opposition’s often limited biased investigation. There are many layers to a digital forensic investigation, and you need an expert who can partner with you every step of the way. This means evaluating the evidence, refuting government reports, finding new evidence not previously disclosed and determining what really happened.

Why choose IT Acceleration: All avenues are analyzed to determine the proper procedure, thorough review, misstatements, and proper or improper evidence handling. We prepare you with the right questions to ask, and we’ll have solid answers to deliver to the opposition.

  1. The expert should follow a process and methodology. The expert should have a clear process using best practices regarding evidence preservation and chain of custody. Issues during this phase can lead to spoliation and evidence being thrown out.

Why choose IT Acceleration: Our workflow is proven and includes expertly preserving data, documenting all processes, duplicating evidence and establishing a chain of custody for the devices acquired before securely storing evidence. In 2001, before electronic evidence procedures were adopted by the courts, we developed the digital forensic methodology, which is now commonplace throughout the industry. We know how to collect, preserve and secure evidence so findings can be replicated and withstand detailed cross-examination in court.

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