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24 February 2011 / Jonathan Chan , Andrew Pimlott
Issue: 7454 / Categories: Features , Profession , Technology
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New horizons

Jonathan Chan & Andrew Pimlott consider new possibilities of electronic discovery

There is an undisputed requirement for electronic discovery projects to maintain a minimum forensic standard to preserve the evidential value of the documents and of the process itself. IT forensic investigations also share these principles. However, the proliferation of electronic documents poses issues of volume that contribute towards increased cost and time requirements in an IT forensic investigation. IT forensic investigations are generally structured around collection, examination, analysis and reporting.

This close alignment to the Electronic Discovery Reference Model (EDRM) allows us to integrate eDiscovery techniques with a traditional investigation, as the EDRM is a proven model of increasing relevance whilst decreasing volume. Given the shared goals and forensic principles of both disciplines, and that IT Forensic investigations are constantly growing in volume and sophistication, why do we rarely take advantage of lessons learned, and developed technologies in the eDiscovery arena?

Clearly, the earlier in an investigation that irrelevant data sources can be excluded will present time and cost savings in

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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