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Question about Computer Forensics and Court.?

by tom44 on April 6, 2014

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Question by pcrepair76: Question about Computer Forensics and Court.?
A couple of months ago I was hired to update some computers and a server at a telemarketing business. In the course I was asked to Install a couple of programs to monitor employees. In the course of three months i have gone numerous times to do a couple of checks, and to do some minor upgrades or to install software.

I was just informed by this client that he needs me to go to court and present some evidence that was acquired by the software I installed. It seems like some employees where stealing call list to use at another job to generate easy leads.

My question is do I have to really show up? And if so how do i present the findings.

Please I need some advice be it from Someone.

Best answer:

Answer by babyquestion24
Did you get a subpoena? If not, then you don’t have to but it was kinda the point of what you were being paid for. Just answer the questions that are asked of you.

What do you think? Answer below!

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2 thoughts on “Question about Computer Forensics and Court.?

  1. trooper3316 says:

    Sounds to me like it would be bad business ethic not to show up. They paid you for a service, and you are obligated to provide that service.

    All you will be required to testify to are the technical aspects of the programming you installed, the company representative will testify about the inappropriate behavior.

  2. WonderLaw says:

    You can be called either as a fact witness or as an expert witness. As a fact witness you are issued a subpoena and you show up because you are legally obliged to. However, you only have to answer factual questions:

    Did you install SoftwareX on Company ABC’s computers?
    Yes
    Did you do that between December 21, 2006 and February 1, 2007?
    Yes
    I am handing you a report that has been marked as Exhibit H. Was this report generated by the software you installed on Company ABC’s computers?
    Yes.

    As a fact witness, you are just answering questions from the attorney about facts. If you find yourself having to present findings, probabilities, or opinions, you may be straying into the area of expert testimony.

    If the company wants you as an expert witness you will charge them handsomely, both for time in court and for preparation time. Of course, you will also have to qualify as an expert in your field. If you do qualify as an expert you will answer more than mere fact questions. You will offer opinions and guidance based on your specialized knowledge and you will likely have to do so in a written report ahead of time. There is no more lucrative job than being an expert witness. Even if you are called just as a fact witness this time, it will give you court experience that will be helpful should you desire to be an expert witness some other time.

    The first thing you need to ascertain is what your client needs you to testify to. Talk with their attorney. Get him to be very specific. They may need you to do nothing more than authenticate that a report was generated by the software you installed. If the company strictly wants factual info, then you have nothing to do but wait for the subpoena, show up, and answer questions about facts. If they are not specific about what they want, or you are concerned that they are going to try to call you as a fact witness and ask you expert or opinion type questions, check with someone in your field who has testified as an expert, or even an attorney. They can help you think through what it is appropriate to testify to as a fact witness and what it is not.

    Try to be up front with your client about what you can testify to as a fact witness and what you cannot. If what they really need is an expert, they may want someone who has some experience offering expert testimony. Or, it may be a great opportunity for you to both gain experience and make money.

    I’ve attached a link below about expert and fact witnesses. The one problem with the article is that it draws a nice clean line between fact witnesses who have actual knowledge of the case, and expert witnesses who do not. It is possible for a single person to both have factual knowledge and to potentially qualify as an expert. In such cases, the person testifying must have a very clear understanding of what testimony is fact driven and what is requires expertise to interpret or understand facts. It is not fair for anyone to expect you to offer expertise involuntarily and without charge.

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