Evidence ! Evidence!! Evidence!!!. this is the essential ingredient that determines whether or not you win or lose in Court or arbitration; to extend the theme further, not just evidence but the quality of evidence.

A couple of factors come to the fore when the Courts determine what constitutes admissible  and relevant evidence  the quality or probative value to attach to a piece of evidence. Lawyers by training, are comfortable with these parameters.

It  is however, a matter of regret, that professional legal training has not kept pace with the rapid advancement of technology. It is a fact, that more than 90% of Business documentation and communication now pass through computers and never make it to the paper format, lawyers, fee earners and judicial officers should acquire skills in digital evidence and its relevance to the resolution of legal disputes. A nodding acquaintance with the subject will not suffice.

Given, the highly technical and volatile nature of computer evidence, professional training in identifying,extracting, analysing and presenting computer evidence is not only imperative but mandatory. It is no longer fashionable for a lawyer to say he or she is ignorant about computers- this mind set is a sure way to attract a professional negligence suit.

Unfortunately, there is so much pervading  ignorance and a shocking resistance to adopting and learning how to incorporate computer evidence into case strategies that many legal practitioners and yes, the Courts have ignored crucial evidence that may lead to the equitable resolution of legal disputes.

While the initial goal is not aimed at making every lawyer a computer forensic expert, or an iT manager a legal forensic specialist within every organisation, it is submitted , that at a  minimum, the legal department, Human resource department and the IT department must have a resource person who has had some meaningful training on digital evidence .The alternative is to retain the services of a digital evidence consultant who is able to respond promptly.