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The Basic Facts of Computer Forensics Companies 
 
by John Krane October 18, 2005

What is chain of custody?

Chain of custody reports let you know every set of hands that touches your drive from the moment it arrives at a forensic data recovery lab. These are legally necessary. They also ensure that the engineers working on your recovery are not able to spread information regarding your data, which may potentially damage your case; in addition to chain of custody reports, you should always ask for a nondisclosure agreement. Nearly all forensic labs have all of their engineers working under a standard nondisclosure agreement, which is great, but you’ll need a written copy for your lawyer.

How should I pick a forensic data recovery company?

First of all, you should immediately speak to your lawyer regarding your decision to pursue forensic recovery. He or she may even prefer to be the company’s main contact; they can speak legalese while you deal with other matters. Your lawyer will know what you need from a forensic data recovery company, and may even have one in mind. Any company that you consider should have a recent history of forensics cases, preferably a specific data recovery engineer that you can speak with directly. It’s preferable that your case be handled by as few engineers as possible.

Likewise, if you need an expert witness, he should have worked with many cases before yours. Ask for a number. You don’t need someone inexperienced. Don’t consider cost. If you really need forensic data recovery or an expert witness, you need to win your case, and you will invariably pay. $400 an hour is not uncommon, as well as a sizable retainer. An expert witness will likely ask for travel expenses as a separate cost, unless that witness happens to live near the city where the trial is taking place.

Make sure that your forensics team doesn’t rely on one piece of software—programs such as Encase©, SafeBack©, and Data Dumper are commonly used in the industry, but shouldn’t be a forensics team’s only source of information. This can be especially troublesome if it becomes apparent that your expert witness utilized only one method to recover your biggest piece of evidence.

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