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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.
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