Completing The Disclosure Review Document A Technical And Legal Guide

THEDISCLOSUREREVIEWDOCUMENT · AGUIDEFORUKLAWYERS Completing the Disclosure Review Document A Technical and Legal Guide COMPUTERFORENSICSLAB DISCOVERY . U K § ABOUTTHEAUTHOR PRE PA REDBYCOMPUTERFORENSICSLABE - DISCOVERYTEAM FULL CHAIN-OF-CUSTODY DOCUMENTATION § CONTENTS In this guide 01 Executive summary 02 The problem in plain English: an exam you sit jointly 03 Anatomy of the DRD 04 What to learn from the client 05 What to learn from your eDiscovery specialist 06 What to learn from your forensic examiner 07 Field by field: who supplies which answer 08 Drafting Section 1 well 09 Joint completion and negotiation 10 The timetable, mapped to the learning 11 Worked example: a Section 2 built from evidence 12 Common mistakes and technical limitations 13 Questions to ask · Suggested wording 14 Checklist and red flags · When to involve a digital forensic expert 15 Frequently asked questions 16 Glossary · References · Disclaimer · How a specialist laboratory can assist § 0 1 · ORIENTATION Executive summary THEHEADLINEPOINT : THEDRDISCOMPLETEDFROMTHREESOURCESOFKNOWLEDGE , NONEOFTHEMTHEDRAFTINGLAWYER § 0 2 · FIRSTPRINCIPLES The problem in plain English: an exam you sit jointly § 0 3 · THEDOCUMENT Anatomy of the DRD FORTHEPRACTITIONER § 0 4 · SOURCEONE What to learn from the client § 0 5 · SOURCETWO What to learn from your eDiscovery specialist § 0 6 · SOURCETHREE What to learn from your forensic examiner WHYTHISCONSULTISCHEAPINSURANCE § 0 7 · THEMAP Field by field: who supplies which answer DRD TERRITORY WHO SUPPLIES IT THE EVIDENCE BEHIND THE ENTRY § 0 8 · THELEGALHALF Drafting Section 1 well § 0 9 · ACROSSTHETABLE Joint completion and negotiation § 1 0 · THECLOCK The timetable, mapped to the learning DEADLINE LEARNING THAT MUST ALREADY BE DONE § 1 1 · INTHEWILD Worked example: a Section 2 built from evidence THEENTRIES , ANDWHATSTOODBEHINDTHEM § 1 2 · WHEREITGOESWRONG Common mistakes and technical limitations Common mistakes Technical limitations § 1 3 · INTERROGATORIES & DRAFTINGAIDS Questions to ask · Suggested wording Ask your client (before drafting) Ask your opponent Ask your eDiscovery / forensic provider SUGGESTEDWORDING · INSTRUCTIONTOAPR OV IDERFORTHEDRDSUPPORT PAC K § 1 4 · QUICKCONTROL Checklist and red flags · When to involve a digital forensic expert The DRD completion checklist Red flags When to involve a digital forensic expert § 1 5 · COMMONQUESTIONS Frequently asked questions Who actually completes the DRD? How much detail does Section 2 really need? What if we genuinely do not know a figure yet? The other side's Section 2 is vague. What do we do? Can the DRD be changed after the CMC? Does the DRD bind us at the certificate stage? § 1 6 · REFERENCE Glossary Sources and authoritative references DISCLAIMER § HOWASPECIALISTLABORATORYCANASSIST Working with Computer Forensics Lab Speak to a forensic examiner, not a salesperson. INSTRUCTTHELAB NEWENQUIRIESEMAILE - DISCOVERY